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

Docket No: 10638-18             
Ref: Signature Date 

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 for Correction of Naval Records (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, sitting in executive session, considered your application on 17 December 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. 

You reenlisted in the Navy on 13 June 1985.  On 6 May 1991, you were convicted by a general court-martial (GCM) of two specifications of forcible sodomy, five specifications of providing alcohol to minors, and indecent acts.  You were sentenced to confinement for 12 months, reduction to E-1, forfeiture of pay and a dishonorable discharge (DD).  After the DD was approved at all levels of review, on 22 August 1995, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and considered all of your asserted contentions.  

In regard to your contention that you need VA benefits for the time you served in        whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest VA office concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  The Board also believes that under current regulations you may be eligible for veterans’ benefits which accrued during your previous periods of service. 

In regard to your contention that you received two honorable discharges, received the Bronze Star, and the Captain of the ship advanced you from E-5 to E-6, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. 

In regard to your contention that you uncovered two thousand dollars missing from the welfare and recreation fund; and, after reporting it to your superiors, your superiors turned everything around and investigated your personal life to take attention away from the missing money, the Board noted that even though you reported the two thousand dollars missing from the welfare and recreation fund, the Board noted that there is no evidence in your record, and you submitted none, to support your contention that your superiors turned everything around and investigated your personal life to take attention away from the missing money. 

In regard to your contentions that your superiors took you off the ship and charged you with having a personal relationship with another Sailor and you attempted suicide twice because you were overwhelmed, the Board noted that the record contains documented evidence which is contrary to your contention.  The record clearly shows that on 6 May 1991, you were convicted by a GCM of two specifications of forcible sodomy, five specifications of providing alcohol to minors, and indecent acts.  As a result, you were sentenced to a DD. 

In regard to your contention that you were suffering from PTSD, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. 

In regard to your contention that you were able to be employed for 20 years and retired, the Board noted that, while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 


1/16/2020