DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 06538-14
17 November 2014
pear Cy
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 November 2014. The names and votes of the
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on 13
September 1999. On 20 June 2005, you were convicted by civil
authorities of unlawful sexual intercourse with a minor more
than three years younger and were sentenced to three years
probation. On 31 January 2006, you were discharged with an
under other than honorable characterization of service by reason
of misconduct (sexual perversion) and assigned an RE-4
(ineligible for reenlistment) reentry code.
On 14 June 2012, the Navy Discharge Review Board conducted a
review and upgraded your characterization of service to
honorable and changed the narrative reason to secretarial
authority.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your RE-4 reentry code so that you may
reenlist. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because of the
seriousness of your misconduct. Accordingly, your application
has been denied.
It is regretted that the circumstances of your case are such
‘that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence within one year from the date of the Board’s
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the
burden is on the applicant to demonstrate the existence of
probable material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Executive Director
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