DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00561-10
30 September 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 29 September 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy Reserve on 25 October 1989, and began
active duty on 9 July 1990, at age 18. On 14 December 1992, you
were convicted at a special court-martial (SPCM) of conspiring to
commit assault, committing assault and negligently discharging a
firearm. You were sentenced to a forfeiture of $1200, and
confinement at hard labor for six months. On 10 March 1993, you
were convicted by the County of San Diego, Civil Superior Court
of California, for attempted murder in the second degree. You
were sentenced to five years in prison and a fine of $100. On
31 May 1994, your commanding officer recommended that you receive
an other than honorable (OTH) discharge by reason of misconduct.
Subsequently, your case was forwarded, and on 14 June 1994, the
discharge authority approved the recommendation for an OTH
discharge. You were so discharged on 8 July 1994.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your misconduct that resulted in one conviction by
SPCM, and a civilian criminal conviction and confinement for
serious offenses. 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
evidence or other matter not previously considered by the Board.
gn this regard, it is important to keep in mind that a
gocesumption 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 Di
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