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

Docket No: 2579-19 
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 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 you did not file your application 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 28 October 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, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 6 November 1996. On 6 August 1998, you were counseled for writing checks without sufficient funds and warned that failure to take corrective action might result in administrative separation or judicial proceedings. On 28 August 1998, you received nonjudicial punishment (NJP) for failure to obey lawful orders, writing bad checks, failure to pay just debts, and drunkenness/incapacitation on duty. On 13 August 2001, you were arrested by civilian authorities and charged with felony lewd and lascivious acts in the presence of a child under the age of 16. On 20 July 2002, you pleaded no contest to the charges and were sentenced to five years’ supervised probation, 60 days in county jail, court costs, and restitution to the victim for counseling and medical costs. On 4 September 2002, administrative discharge action was initiated by reason of misconduct. After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service, and the separation authority approved your separation from the Navy.  On 20 September 2002, you were discharged with an OTH characterization of service and a reentry (RE) code of RE-4, making you ineligible to reenlist.

You request that the Board upgrade your discharge and change your RE code. In support of your petition, you attached Florida Department of Corrections (DOC) documents, character letters from employers, and a personal statement. The DOC records detailed that you were arrested by civilian authorities for sexual relations with a 14-year-old girl in her home and in your barracks. You were 26 years old at the time. You asserted that you were unaware of the girl’s age. You state that you pleaded No Contest, received probation, and were required to register as a sex offender, and claim that, had you not done so, you would have “gotten much worse.” You claim that “technically” you were “not a felon, but the military counted it as a conviction.” Lastly, you state that you were “not asking to be found innocent” because you realize you are “partly guilty.” However, you contend that your “punishment did not fit the crime” and you were made “the scapegoat.”  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge or RE code given your serious, felony misconduct.

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 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,