DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4047-10
6 July 2010
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
NM csi esti sss chats ath, a REVIEW
OF NAVAL RECORD —
Ref: (a) Title 10 U.S.C. 1552
Encl: {1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting, in effect, that his naval
record be corrected to show that he was not reduced in rank to
sergeant, E-5.
2. The Board, consisting of Mr. Mr. Si
MEN Beveled Petitioner's allegations of error and
injustice on 9 June 2010 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner enlisted in the Marine Corps on 29 August
1994. On 7 August 2006 he received nonjudicial punishment for
failing to obey a lawful order. The punishment consisted of
forfeiture of $1342.00 per month for two months, with one month
suspended. On 23 March 2007 he was convicted by a summary court-
Martial of drunk driving. The court sentenced him to forfeit
$500.00 pay, a reprimand, and reduction in rank to sergeant, E-5.
c. Petitioner contends that he should be restored to E-6
because the sentence imposed by the summary court-martial was
excessive.
CONCLUSION: ,
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action, The Board notes Petitioner’s outstanding record as a
Marine and the laudatory references that accompanied his
application. The Board concludes that his record should be
corrected to show that the summary convening authority, as a
matter of clemency, disapproved that portion of the sentence of
the summary court-martial as pertains to reduction in rank.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that the
summary court-martial convening authority disapproved so much of
the sentence adjudged by a summary court-martial in his case on
23 March 2007 as provided for reduction in rank to sergeant, E-5.
b. That no further relief be granted.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN Wy Sx
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Wea
W. DEAN PF
Executive Divelghor
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