DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 844-14
27 January 2015
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 January 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 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 15
December 1989. You served for about a year and three months
without disciplinary infraction, but during the period from March
to April 1991, you were the subject of a Naval Investigation
Service (NIS) investigation regarding two specifications of
sexual misconduct as evidenced by indecent assault.
Subsequently, -after waiving your procedural rights in June 1991,
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due commission of a
serious offense as evidenced by sexual misconduct. On 11 duly
1991, while awaiting the outcome of the foregoing recommendation,
you were referred for a psychiatric evaluation to determine your
suitability for an administrative separation. In this regard, -
you were diagnosed with an adjustment disorder with mixed
de toms a te mere en mm ee ee en
disturbance of emotions and conduct and recommended for an
immediate administrative separation. On 22 July 1991, the
discharge authority approved the foregoing recommendations and
directed separation under other than honorable conditions by
reason of misconduct due to commission of a serious offense, and
on 3 April 1991, 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 other than honorable discharge,
“assertion of mental illness, and post service counselling for
sexual obsession and depression/anxiety. Nevertheless, the Board
concluded these‘ factors were not sufficient to warrant relief in
your case because of the seriousness of your misconduct.
Further, you were given an opportunity to defend your actions,
but waived your procedural rights. 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 or other matter not previously considered by the Board
within one year from the date of the Board’s decision. 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.
Si ely
ROBERT J. O'NEILL
Executive Director
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