DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 502-08
24 March 2009
This igs 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 25 February 2009. 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 Marine Corps Reserve on
6 September 1990. On 13 February 2006, while you were serving on
extended active duty as a recalled reservist, a special court-
Martial found you guilty of engaging in an unduly familiar
relationship with two junior Marines and willfully failing to
perform your duties. The court sentenced you to a forfeiture of
$500 per month for two months, reduction to E-5, and restriction
for 60 days, which was suspended. On 13 March 2006 you were
honorably released from active duty and transferred to the Marine
Corps Reserve.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall service and
the contention that you were unjustly court-martialed. The Board
concluded that those factors were insufficient to reinstate you
to F-6. The Board noted that it is precluded by law from taking
any action that would disturb the finality of a court-martial,
and that it may modify a sentence as a matter of clemency only,
Tt concluded that clemency was not warranted in your case.
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,
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