DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11873-09
30 August 2010
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 24 August 2010. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 13 December 1988. The Board found you served without
incident for over 20 years until 19 June 2009, when you were
convicted by summary court-martial (SCM) of maltreatment and
making a false statement. You were sentenced to a forfeiture of
pay. Further, the Board found you entered into a pretrial
agreement to plead guilty to certain charges and specifications.
Prior to entering this agreement, you conferred with a qualified
military lawyer, were advised of your rights, the meaning and
effect of your guilty pleas, and there attendant effects and
consequences.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of over
20 years of honorable service, Good Conduct Medals, and other
numerous awards. Nevertheless, the Board found that these
factors were not sufficient to warrant granting clemency in your
SCM sentence given the pretrial agreement between you and the
convening authority. Finally, the Board is expressly forbidden
From reviewing the findings of guilt rendered by a court-martial
and must restrict its review to the appropriateness of the
sentence. 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,
\Sdeas
W. DEAN P
Executive restor
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