DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 6819-13
26 February 2014
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 February 2014. 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
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine.Corps and began
a period of active duty on 16 January 1968. On 8 March 1971,
you were convicted by a summary court-martial (SCM) of assault
and communicating a threat. You were sentenced to be reduced in.
rank, forfeiture of $100.00 pay per. month for one month, and 30
days of confinement. On 14 December 1971, you were honorably
released from active duty and transferred to the Marine Corps”
_ Reserve at the end _ 28 your required active duty.
You are advised that this Board is only authorized to review an
SCM sentence for clemency. The Board found that your sentence
was not overly harsh in light of the seriousness of your
misconduct. In view of the above, 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
& 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.
os . ' Sincerely,
“ROBERT D. ZSALMAN
Acting Exe cutive Director
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