DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
’ ARLINGTON, VA 22204-2490
JDR
Docket No: 2400-14
26 March 2015
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 23 March 2015. 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 enlisted in the Navy, began a period of active duty on
13 August 1992, and satisfactorily served without incident for
about 15 years. On 18 September 2007, you were convicted by
general court martial (GCM) of larceny, wrongful appropriation,
and failure to obey an order. You were sentenced to confinement
for 89 days, hard labor without confinement for three months,
and a reduction in rank to E-5. On 29 February 2008, you were
honorably transferred to the Fleet Reserve/Retired List.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to modify the adjudged
sentence in your courts-martial by restoring you to the grade of
E-6. The Board also considered your assertion that the GCM
sentence was. disproportionate and unduly harsh, in light of your
diagnosis of a mental disorder and kleptomania. Nevertheless,
based on the information currently contained in your record, the
Board concluded these factors were not sufficient to warrant
restoration to the grade of E-6. The Board believed that
considerable clemency was extended to you, considering the
_Maximum sentence allowed for your conviction is confinement for
15 years and six months, forfeiture of all pay and allowances,
reduction in rank to E-1, and a dishonorable discharge. In
regard to your assertion of legal error on the part of the
military judge in your GCM, be advised that the Board has no
authority to consider assertions pertaining to improprieties,
claims of legal error, or allegations of impartiality at courts-
“Martial. Further, the Board does not have the authority to
overturn the findings of guilty rendered by courts-martial. In
this regard, the Board must restrict its review to the fairness
of the sentence imposed. 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 within one year from the date of the Board's
decision. New evidence is evidence not previously considered by
the Board prior to making its decision in your case. 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
ROBERT J. O'NEILL
‘Executive Director
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