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

TRG
                                                               Docket No: 2097-06
       3 May 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 1 May 2007. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the produce thus 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 reenlisted in the Marine Corps on 26 September 19862 for six years. At that time, you had completed more than 14 of active duty on prior enlistments. There is no discharge package on file in your service record. However, the records indicate that in early 1987, you were processed for separation by reason of misconduct due to civil conviction. The record shows that after an administrative discharge board considered your case, you were discharged on 12 May 1989 under other that honorable conditions by reason of misconduct due to your conviction by civil authorities.

The Board obtained a report from the Federal Bureau of Investigation which shows that on 1 December 1987 you were convicted by civil authorities of committing multiple incidents of indecent liberties with children and were sentenced to prison. The Board assumed these were the offenses which resulted in your discharge in 1989.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your many years of excellent service and the evidence you submitted showing that you have been a good citizen for many years. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your conviction by civil authorities of serious offenses. The Board concluded that the discharge was proper as issued and no change is warranted.

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,

2