DEP.ARTMENT OF THE NAVY 

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

TLG 
Docket No: 1187-18 · 


APR 1 P 2018 


Dear 
This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. After careful and conscientious 
consideration ofthe 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNa val Records, sitting in executive session, , 
considered your application on 20 March 2018. The names and votes ofthe members ofthe 
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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 

Your application was reviewed under the Don't Ask, Don't Tell Repeal Act of2010, and the 
Under Secretary ofDefense Memo of20 September 2011 (Correction ofmilitary records 
following repeal of10 U.S.C. §654), the Board can grant a request to upgrade a discharge that 
was based on homosexuality when two conditions are met: (1) the original discharge was based 

solely on "Don't Ask Don't Tell" (DADT) or similar policy, and (2) there were no aggravating 

factors such as misconduct. 

You enlisted in the Navy on 9 September 1997. On 17 November 1999, you were convicted by 
special court-martial (SPCM) oftwo specifications of committing an indecent assault upon a 


with intent to gratify your sexual desires. y OU were sentenced to forfeitures ofpay, 
confinement for 60 days, reduction to E-1, and a bad conduct discharge (BCD). After the BCD 
was approved at all levels of review, on 21August2000, you were discharged. 


Docket No: 1187-18 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your characterization of service and change pursuant to the Don't ask, Don't tell Repeal Act of 

2010 and contentions that a fellow 


mistook your friendship for a more desirous 

relationship, he took advantage ofyou and coerced you into having sex, and you believe that if 
the same issue happened today, you would not be discharged. The Board noted that your record 
contains documented evidence which is contrary to your contentions. The record clearly shows 
that yo ti were convicted by SPCM as a result oftwo separate incidents ofindecent assaults. The . 
Board concluded that these factors were not sufficient to warrant recharacterization of your 
discharge given your misconduct. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the 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 ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director 

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