DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TAL
WASHINGTON DG 20370-5100 Docket No: 7689-10
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 25 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 reenlisted in the Marine Corps on 21 December 2002, after
about 12 years of honorable service. On 17 July 2006, you were
convicted by summary court-martial (SCM) of drunken operation of
a vehicle and self injury. The sentence imposed was reduction in
paygrade to E-6, forfeiture of pay and restriction for two
months. The restriction portion of the sentence was suspended
for a i2 month period. On 23 October 2009, your SCM was reviewed
in accordance with Article 69(b) of Uniformed Code of Military
Justice and no part of the findings or sentence was found to be
unsupported in law, and reassessment of the sentence was
determined not to be appropriate.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors such as your overall record
and over 12 years of active service. Nevertheless, the Board
concluded these factors were not sufficient to warrant modifying
the sentence imposed at your SCM. The Board has no authority to
consider contentions pertaining to improprieties in court-martial
and must limit its review to determining whether the sentence
should be modified as a matter of clemency. 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,
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