DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 2920-21 
Ref: Signature Date 

Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 statute of limitation was waived in accordance the 25 August 2017 guidance from the Under Secretary of Defense for Personnel and Readiness (Kurta Memo). A three-member panel of the Board, sitting in executive session, considered your application on 3 June 2021. 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, applicable statutes, regulations, and policies to include the 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations (Wilkie Memo). 

A review of your record shows that you entered active duty with the Navy in April 1982. Non­judicial punishment was imposed on you for larceny and communicating a threat on 16 September 1982. You suffered numerous injuries due to a motorcycle accident on 21 October 1983 that resulted in multiple periods of limited duty while you received treatment. It was during this treatment that you assert you developed an opioid addiction that contributed to your civilian misconduct. Specifically, you committed the offenses of kidnapping, armed robbery, and first degree criminal sexual conduct (forced oral sex) on 20 December 1984. Based on your misconduct, you were eventually convicted by the State of  and sentenced to 25 years of confinement. The Navy administratively processed you for civilian conviction and discharged you with an Other than Honorable characterization of service on based on the recommendation of an administrative separation board. You provided evidence that you continue to suffer with medical issues related to your October 1983 accident.
 
The Board carefully considered your arguments that you deserve an upgrade as a matter of injustice since you developed an opioid addiction through medical treatment by the Navy and this addiction contributed to your civilian misconduct. Additionally, you argue that you were within weeks of receiving a medical discharge at the time of your misconduct. Unfortunately, the Board disagreed with your rationale for relief. 

In reviewing the facts of your case, the Board determined the preponderance of the evidence does not support the relief you seek. In the Board’s opinion, the heinous nature of your civilian misconduct that formed the basis of your conviction in South Carolina and your administrative discharge from the Navy fully supports the Other than Honorable characterization of service you were awarded. The Board did not find your arguments for mitigation and clemency persuasive because there was no evidence to support your assertions of an addiction through medical treatment or a nexus between your alleged addiction and the serious crimes you committed in December 1984. The fact you were near a disability discharge prior to committing your misconduct also did not persuade the Board to grant you relief. The Board determined your arguments were insufficient to overcome the seriousness of your 1984 crimes. In making this finding, the Board considered the fact that each of the offenses for which you were convicted in 1985 merited a punitive discharge if you had been tried by court-martial. Therefore, they determined you already received some measure of relief when the Navy chose to administratively separate you. The Board concluded the evidence in your case did not support any additional relief. Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 
6/7/2021