DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ©
WASHINGTON DC 20370-5100 .
CRS
Docket No: 2599-09
24 August 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 29 July 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
ansufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 26
October 2004. You received two nonjudicial punishments for
offenses that included unauthorized absences totaling three days.
On 25 September 2007 a special court-martial convened and found
you guilty of failure to obey a lawful order and making a false
official statement. The court sentenced you to confinement for
ten days and reduction to pay grade E-2.
In its review of your application the Board carefully considered
your request for compensatory damages, restoration of your former
pay grade, and removal of the record of your conviction by
special court-martial. The Board is not authorized to compensate
individuals for personal or legal damages of any type, and it
preciuded by law from taking any action that would disturb the
finality of a court-martial. Although it may modify a sentence
as a matter of clemency, it 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 cannol: 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 ail 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,
\
~
W. DEAN PF F
Executive Dire
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