DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 9619-02
23 July 2003
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 m e Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 July 2003. 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 record shows that you were convicted by a summary court-
martial on 29 January 2002 of failure to obey an order or
regulation, assault, and indecent assault. The court sentenced
you to reduction in rate from chief petty officer (MSC; E-7) to
petty officer first class (MS1; E-6) and a forfeiture of $1,000.
On 25 June 2003, after review in the Office of the Judge
Advocate General of the Navy, your appeal of the court-martial
conviction was reviewed and denied pursuant to Article 69b,
Uniform Code of Military Justice.
The Board is prevented by law from reviewing courts-martial and
must limit its review to determining if the sentence should be
reduced as a matter of clemency. After weighing the seriousness
of the offenses you committed against the punishment you
received, the Board concluded that the sentence should not be
reduced. 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.
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,
%- Executive Direc o
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