DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 285-10
14 October 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 October 2010. 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, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy Reserve on 24
February 1987. On 19 November 1990 you received nonjudicial
punishment for attempted general larceny. On 13 February 1991
you were convicted by civil authorities of petty larceny. The
court sentenced you to confinement for nine years.
On 10 May 1991 an administrative discharge board recommended that
you be separated with a discharge under other than honorable
conditions by reason of misconduct due to civil conviction.
Subsequently, on 24 May 1001 you received nonjudicial punishment
for failure to obey a lawful order, making a false official
statement, assault consummated by a battery, and communicating a
threat. After review by the discharge authority, the
recommendation for separation was approved and you were
discharged on 16 August 1991 with a discharge under other than
honorable conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service record, but found those factors insufficient to warrant
recharacterizing your service. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
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 and material
efridence or other matter not previously considered by the Board.
-In this regard, it igs 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.
x a
Sincerely,
Lo oak
W. eT
Executive EO
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