DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 518-10
11 March 2010
This is in reference to your application for correction of your -
naval record pursuant to the provisions of Title 10, 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 9 March 2010. The names and votes of the
members of the panel will be furnished upon request.
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 reenlisted in the Marine Corps on 5 April 1988 after 13 years
of prior honorable service. You continued to serve without
disciplinary incident until 26 April 1990, when you were
convicted by summary court-martial (SCM) of fraud against the
government as evidenced by filing a false and fraudulent travel
reimbursement claim in the amount of $833.10. You were sentenced
to restriction for 60 days and a reduction to paygrade E-5.
On 6 July 1992, upon completion of your required active service
and serving in paygrade E-5, you were honorably discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and desire to remove all references
regarding the SCM. It also considered your request for
reinstatement in a retirement status and restoration to paygrade
E-6. Nevertheless, the Board concluded these factors were not
sufficient to warrant removal references of the SCM conviction
from record, reinstatement in the Navy, or restoration to
paygrade E-6 because of the serious nature of your misconduct.
Further, the Board has no authority to consider assertions
pertaining to improprieties in courts-martial and must limit its
review to determining whether the sentence should be modified as
a matter of clemency. In this regard, the Board concluded the
sentence imposed was fair. Accordingly, your application has
been denied.
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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