DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 9574-17 
Ref: Signature date

Dear	:

This is in reference to your application for correction of your naval record pursuant to Title 10, 
United States Code, Section 1552. 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.  Consequently, your application has been denied.

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your application on its merits. A three- 
member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 21 February 2019. The names and votes of the members of the 
panel will be furnished upon request. 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, relevant portions of your naval record, as well as 
applicable statutes, regulations and policies.

On 21 April 1989, you reenlisted in the Navy after serving over seven years of prior honorable 
service. On 11 June 1998, you entered an Alford plea of guilty to 2nd degree assault with civil 
authorities. On 25 August 1998, you were sentenced to two years of confinement (12 months 
suspended, and 12 months of work release recommended) plus three years of supervised 
probation.   Subsequently, on 28 September 1998, administrative discharge action was initiated 
to discharge you for misconduct due to commission of a serious offense. After being afforded all 
of your procedural rights, you elected to have your case heard before an administrative discharge 
board (ADB). Your commanding officer's (CO) forwarding letter to the separation authority 
dated 2 February 1999, indicates that the ADB found that you did commit misconduct due the 
commission of a serious offense and recommended that you receive an other than honorable 
(OTH) discharge.  Your CO concurred with the ADB's findings as well as their 
recommendation, and he also recommended that you receive an OTH discharge. On 16 March 
1999, the separation authority concurred and directed that you receive an OTH discharge due to 
misconduct due to commission of a serious offense.  You received your OTH discharge on 9 
April 1999.

The Board carefully weighed all potentially mitigating factors, such as your record of service, 
desire to have your discharge upgraded, and character letters. The Board also consider your 
statements that you were contacted by civil authorities regarding a complaint that had been filed 
against you concerning improper contact with a 14-year-old girl, you found out that there were 
writings in the girl's diary explaining that she had relations with one of her friend's father, and 
her parents assumed that since she had been to your house, it was you, and you were 
subsequently charged with "Improper Touching of a Minor." Additionally, that you took a plea 
bargain to protect your family, that the Navy tried you for the original charges, not based on 
whether you could return to duty, and that you were not allowed to bring in your witnesses to the 
ADB. The Board concluded these factors were not sufficient to warrant a change to your 
characterization of service, or to be allowed to retire with honorable service given your 
misconduct which resulted a conviction by civil authorities and ensuing incarceration for a very 
serious offense.

With regard to your contentions for the ADB, you did not provide and your record does not show 
any evidence of those contentions that would make the ADB improper.  Even though you have 
not admitted guilt to either charge, the finding of guilty for assault was sufficient for the ADB. 
The Board found no injustice or error in that you were discharged with an other than honorable 
discharge on 9 April 1999, due to misconduct. The Board of Veterans' Appeals upgrade to your 
discharge status to "Honorable" applies to VA benefits only, and does not change or upgrade 
your original characterization of service.

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. New evidence is evidence 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,


 
Executive Director