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

Docket No: 3258-18 

APR O9 2019 

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 27 December 2018. 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 enlisted in the Navy and began a period of active service on 9 December 1996. On 31
October 1997, you were convicted at a summary court martial (SCM) for two specifications of 
failure to obey a lawful order, sodomy, and adultery. On 22 December 1997, you were notified 
of the initiation of administrative separation proceedings, at which point you waived your rights. 
The discharge authority approved your discharge on 21 January 1998, and you were 
subsequently discharged on 17 February 1998, under other than honorable conditions by reason 
of misconduct. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge, and contention that a member of your squadron disclosed his relationship with 
you to his psychiatrist. After you admitted to a consensual sexual relationship, you were charged 
with adultery, however you contend that you both were not married at the time, and you were not 
shown any evidence of adultery or sodomy. Additionally, you state that you naively forfeited 
your rights and had no legal representation. You also request to have the allegations removed 
from your records. 

With respect to your contention that you suffered from post-traumatic stress disorder, on 19 June 
2018, the Board wrote to you requesting medical or clinical evidence with regard to the PTSD. 
The board has received no response to that letter. Moreover, you provided no evidence beyond 
your letter with regard to the PTSD, adultery, or sodomy to support your contention. The Board 
relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. The Board concluded that these factors were not sufficient to warrant an upgrading to your discharge based on your misconduct. The Board in its review discerned no impropriety or inequity in your discharge. 

It is regretted that the circumstances of your 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 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