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

SMW
Docket No: 2365-07
1 November 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 October 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.

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.

On 8 February 1985, you reenlisted in the Navy at age 27 after a prior period of honorable service. On 11 June 1986, an incest and sexual abuse report was initiated when your 11 year old daughter disclosed that you had sexually abused her since she was nine years of age. On 24 June 1986, a psychiatric evaluation stated that you abused alcohol, had isolated sex acts with a child, and diagnosed you as having adult anti-social behavior. On 16 October 1986, you were convicted by a special court-martial (SPCM) of attempted commission of carnal knowledge, rape and sodomy. The court sentenced you to reduction in rank, confinement, and a bad conduct discharge (BCD). On
24 November 1986, the convening authority approved the sentence and forwarded your case for appellate review. Based on the information currently contained in the record, it appears that the BCD was approved at all levels of review. On 21 September 1987, you were separated with a BCD.

The Board, in its review of your entire record, carefully considered
all mitigation, such as your prior period of honorable service. The
	Board also considered your contentions that you only plead guilty to the alleged offenses so that your daughter would not have to testify, a BCD does not reflect your military service, and you were drinking heavily at the time because of personal problems. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Regarding your contentions, an investigation preceding the SPCM shows that you admitted committing sexual acts with your daughter. Furthermore, Sailors are responsible for their conduct at all times. Therefore, conviction by a SPCM that results in a BCD is an accurate characterization of service, and excessive use of alcohol or personal problems does not excuse misconduct~. 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,
1~

								W. DEAN PFEIFFER
								Executive Director