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NAVY | BCNR | CY2006 | 08570-06
Original file (08570-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                                                                   CRS
                                                                                                    Docket No: 8570-06
                                                                                                    24 January 2007


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 Boa d for Correction of Naval Records, sitting in executive s e ssion, considered your application on 24 January 2007. Your allegations of error and injustice were reviewed in acco r dance with administrative regulations and procedures app]i cable to the proceedings of this Board. Documentary material co n sidered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and a pplicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record, the Board found that th evidence submitted was insufficient to establish the e x istence of probable material error or injustice.
The Board found that you reenli s ted in the Marine Corps on 17 April 2000. A general court-ma r tial convened on 15 October 2004 and found you guilty of an indecent assault on your stepdaughter. The court sentenced y ou to confinement for 90 days and reduction in rank from staff se r geant (SSGT; E-6) to private (PVT; F- 1 ). On 31 March 2005 y u were transferred to the Fleet Marine Corps Reserve in the gra d e of PVT.
The Board is prohibited by law room reviewing the findings of a court-martial and must restrict its review to determine if the sentence of the court-martial sh ould be reduced as a matter of clemency. After such a review, the Board found that clemency was not warranted due to the seriou s ness of the offense. In this regard, the Board concluded that a reduction in pay grade was appropriate given the nature of the offense and the position of trust you held as a SSGT. Acco r dingly, 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 circum s tances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision up n submission of new and material evidence or other matter not pre v iously considered by the Board. In this regard, it .is important o keep in mind that a presumption of regularity attach s to all official records. Consequently, when applying for correction of an official naval record, the burden is on the app l icant to demonstrate the existence of probable material e ror or injustice.
                           Sincerely,



ROBER T D. ZSALMAN
 Actin g Executive Director

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