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

SMW
Docket No: 9417-07
5 June 2008

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 4 June 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.

On 22 October 1982, you reenlisted in the Navy at age 27. During August 1983, you were charged by civil authorities with rape. On 30 May 1984, you were convicted in civil court of a lesser offense of kidnapping and sentenced to two years in prison. On 1 June 1984, your commanding officer initiated administrative separation by reason of misconduct due to civil conviction. In connection with this processing, you acknowledged that separation could result in an other than honorable (0TH) discharge and subsequently waived the right to have your case heard by an administrative discharge board (ADB). On 25 August 1984, the separation authority approved the recommendation and directed an 0TH discharge by reason of misconduct due to civil conviction. On 7 September 1984, you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your periods
of honorable service. The Board also considered your belief that your discharge should be recharacterjzed because you paid your debt to society and the passage of time. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Furthermore, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Finally, there is no provision in the law or regulations that allows for recharacterization due solely to the passage of time or an individual’s belief of having paid their debt to society for their misconduct. Therefore, 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,

		W.	DEAN PFEIFFER
Executive Director