DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7279-14
30 July 2015
Dear Mr. Reed:
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
24 June 2015. 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 that 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
17 April 1994. You served for four years and six months without
disciplinary incident, but on 2 October 1998, you were
apprehended by civil authorities and place in confinement. On
27 September 1999, you were convicted in civil court of indecent
liberties, aggravated sexual battery and object sexual
penetration. The sentence imposed was 12 years confinement,
supervised probation and court costs.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to civilian conviction at
which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to civilian conviction. The discharge authority
approved this recommendation and directed separation under other
than honorable conditions by reason of misconduct, and on
1 December 1999, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that your
civil conviction should not have had any bearing on your military
obligation. Nevertheless, the Board concluded these factors were
not sufficient to warrant relief in your case because of the
seriousness of your misconduct that resulted in a civil
conviction. Further, you were given an opportunity to defend
your actions, but waived your procedural rights. Regarding your
assertion, regulatory guidelines state that the administrative
separation process encompasses the performance review of a
Sailor's entire record, which includes both military and civilian
communities. In this regard, members of the Armed Forces who are
convicted by civil authorities may be administratively discharged
for misconduct which occurred in either community or the combined
communities. 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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