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

Docket No: 9169-18 

 Ref: Signature Date 

Dear 

This letter 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 that 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 
15 July 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 enlisted in the Navy on 5 October 1976, and served honorably on active duty through 
1 October 1980. Following your discharge from active duty, you affiliated in the Navy Reserves. 
On 1 July 1997, you were notified of administrative separation procedures against you by reason 
of misconduct due to commission of a serious offense involving a lewd/lascivious act against a 
minor child from 1987 through 1997, as reflected in a felony complaint. You appeared with 
legal counsel before an administrative separation board. On 19 October 1997, the board 
unanimously determined that you committed misconduct and recommended that you be 
discharged from the naval service with a general (under honorable conditions) characterization of 
service. You were so discharged from the Navy Reserves in 1997, in the grade of chief (E-7) 
with a general characterization of service. 

You request a review of your general characterization of service, and state that you received a 
general discharge after committing a felony. You claim the general discharge is inequitable 
because of your long commitment to the Navy for many years, plus your positive achievements 
after your release from prison. You attach documents to your petition in support of your claim. 
Since completing your parole in May 2018, you state you have set a new and productive course 
in your life by living in your own studio apartment and paying your share of the rent. You have 
fulfilled your therapy sessions, established employment at the and rebuilt 
relationships with your sons. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors in your case, including your post-discharge achievements and your positive 
changes in your life. The Board took into account the information you provided in support of 
your request but found that, although you have made tremendous strides since leaving the Navy, 
the nature of your misconduct is such that an upgrade is not warranted. The Board determined 
that your general discharge does not reflect an error or an injustice, and should not be changed to 
honorable. 

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.