DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 4283-10
20 January 2011
eee saat?
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 19 January 2011. 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.
You entered active duty in the Navy on 4 October 1988. You
received nonjudicial punishment for failure to obey a lawful
order on two occasions. On 12 December 1991, you were
convicted at a general court-martial of maiming Marsha M. McCue
by placing her in scalding hot water causing second and third
degree burns to her feet, buttocks, and vaginal area. Your
sentence included a dishonorable discharge (DD). On 29 July
1993, after appellate review, you received the DD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and post
service good conduct. However, the Board concluded that your
DD should not be changed due to your serious act of misconduct.
You are advised that no discharge is upgraded due merely to the
passage of time or post service good conduct. In view of the
above, 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. 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 wecord, the burden is on the applicant to
demonstrate the existence of probable material error or
injustice.
Sincerely,
lo Nr PF
Executive
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