DEPARTMENT OF THE NAVY
* BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100 CRs
Docket No: 4666-08
5 November 2009
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 October 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 were commissioned as a warrant officer
in the Marine Corps on 1 February 1993. A general court-martial
convened on 13 July 2000 and found you guilty of willful
disobedience of a lawful: order, cruel and maltreatment of a
junior enlisted service member, making a false official
Statement, and failure to obey a lawful order. The court
sentenced you to a punitive letter of reprimand, restriction for
60 days, a fine of $6000, and dismissal from the Marine Corps.
On 17 July 2006 you were dismissed from the Marine Corps with the
approval of the Secretary of the Navy.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your alcohol abuse and
overall record of service, as well as your contentions to the
effect that the appellate courts which reviewed your conviction
and sentence erronecusly refused to reassedg your sentence,. and
that you shouid be granted clemency based on you completion of
almost nineteen years of service. The Board found those factors
insufficient to warrant a recommendation to the Secretary of the
Navy that your requast for correction of your record be granted.
The Board concluded that the positive aspects of your career are
outweighed by the serious nature of the offenses which resulted
in your discharge, and that you have not demonstrated that
clemency is warranted. In addition, it found that it cannot take
any action that would disturb the finality of a conviction, and
it was beyond its purview to, in effect, reverse legal
determinations made in your case by appellate courts.
In view of the foregoing, 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,
\y !
W. DEAN PPE
Executive Dive xr
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