DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 2504-08
23 December 2008
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 16 December 2008. 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 in the Marine Corps in 1981 and served continuously
after that date. In March 1998 you were convicted by a general
court martial of numerous charges which included attempted
robbery, conspiracy to commit robbery, larceny, robbery,
housebreaking, and interstate transportation of stolen property.
The sentence of the court included forfeiture of all pay and
allowances, reduction to paygrade E-1, 75 years confinement and a
dishonorable discharge.
After an extensive appellate review a retrial was ordered. In
September 2004 you were again convicted of the foregoing charges.
This time, you were sentenced to forfeiture of all pay and
allowances, reduction to pay grade E-1, 35 years confinement and
a dishonorable discharge. On 10 January 2007, the Navy-Marine
Corps Court of Criminal Appeals affirmed the findings and
sentence and noted that a pretrial agreement required that
confinement in excess of 20 years be suspended for a period of 20
years from the date of the trial. On 13 February 2008 the Naval
Clemency and Parole Board denied your request for restoration to
duty and clemency.
Tn your application you are requesting that all traces of the
invalid court-martial be removed from your record and that the
dishonorable discharge be upgraded to an honorable discharge.
As you have been previously informed the Board is prevented by
law from reviewing courts-martial and must limit its review to
determining if the court-martial sentence should be reduced as a
matter of clemency. Therefore, all of your arguments concerning
the court-martial conviction were disregarded by the Board.
Given the offenses for which you were convicted the Board could
not conclude that the sentence of the court was too severe.
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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