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ARTMENT OF THE NAVY
BUOABL FOE CORRECTION OF NAVAL REGURDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
EGA
Docket No: 3201-14
20 January 2045
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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 14 January 2015. The names and votes of the
members of the panel will be furnished vwpon 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 therecf£, 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 Marine Corps on 17 July 2006, and served
without disciplinary incident until 6 May 2010, when you
received nonjudicial punishment (NIP) for three periods of
unauthorized absence and failure to obey a lawful order. On 20
January 2011, you received a second NJP for absence from your
appointed place of duty. On 7 November 2011, you were convicted
by general court-martial (GCM) of conspiracy, wrongful
distribution of a controlled substance, wrongful possession of
controlled substances with the intent to distribute, larceny,
and wrongful solicitation. You were sentenced to a dishonorable
Gischarge, confinement for three years, and reduction to
paygrade E-1.
Regarding your request for removal of COULT Marlies
documentation, be advised that the Board has no authority <
consider your request or 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 limit its review to determining
whether the sentence should be modified as a matter of clemency,
and as such must restrict its review to the fairness of the
_gentence imposed. The Board also has no authority to grant
.yelief for your requests regarding the reimbursement of
transportation moves or travel funds associated with medical
appointments.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and the statement you submitted in
support of your request. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your
case, given your conviction and drug abuse. 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 within one year from the date of the Board's decision.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for 4a correction of an official
navai record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
ROBERT J. O'NEILL
Ryecutive Director
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