DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
			2 NAVY ANNEX	
WASHINGTON DC 2O37O~5100

TJR
Docket No: 7077-07
22 May 2008

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 20 May 2008. 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 Naval Reserve on 23 February 1984 at age 19 and began a period of active duty on 6 June 1984. You served without disciplinary incident until 3 September 1984 when you received nonjudicial punishment (NJP) for two periods of absence from your appointed place of duty and disrespect. About three months later, on 6 December 1985, you received NJP for failure to go to your appointed place of duty.

On 25 February and again on 2 April 1986 you received NJP for destruction of personal property and an unspecified offense.

On 2 August 1986 you were convicted by general court-martial (GCM) of attempted rape. You were sentenced to confinement at hard labor for one year, a $6,468 forfeiture of pay, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 9 August 1989 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and desire to have your discharge upgraded. It also considered your assertion of innocence or being falsely accused of the alleged offenses and inappropriate legal counsel advisement which resulted in a court-martial conviction. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizatjon of your discharge because of the seriousness of your misconduct which resulted in four NJPs and a court-martial conviction. 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,

W. DEAN PFEIFFER
Executive Director