EPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				      2 NAVY ANNEX
						WASHINGTON DC 20370-5100

										 CRS
Docket No: 7308-05
24 January 2007

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 24 January 2007. 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. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command, dated 26 October 2005, a copy of which is attached, and your rebuttal to the opinion.

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. In this connection the Board substantially concurred with the comments contained in the advisory opinion. In this regard, the Board concluded that your conviction of sexual battery constituted an indecent assault and, therefore, separation processing was mandatory in your case. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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. 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 D. ZSALMAN
Acting Executive Director

Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
					   M1LLINGTON TN 38055-0000

5812
PERS-4832B
26 Oct 2005 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS (BCNR)

Via:	PERS/BCNR Coordinator (PERS-3LC2)

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATION ON PETITION ICO
	Ref:	(a)	MILPERSMAN	1910-144
		(b)	MILPERSMAN	1910-202
		(c)	MILPERSMAN	1910-233

End:	(1) BCNR File 04196-05
		(2) Petitioner’s CD Service Record

1.	The petition and naval records of subject petitioner have been reviewed relative to his request for vacation of discharge, reinstatement to active duty and restoration of all back pay and allowances.

2.	The review reveals that petitioner was processed for administrative separation for multiple reasons, which included a civilian conviction for sexual battery. The sexual battery qualified as a mandatory reason for processing in accordance with reference (a) References (b) and (c) state specifically that a Page 13 counseling and warning is not valid when issued after an offense requiring mandatory administrative separation processing. Therefore, favorable action on this petition is not recommended.

Technical Advisor
	to the
Head, Enlisted Performance and
Separations Section (PERS-4832)