DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

											CRS
											Docket No: 8570-06
											24 January 2007

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 Boa d for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2007. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures app]i cable 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 th evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you reenlisted in the Marine Corps on 17 April 2000. A general court-martial convened on 15 October 2004 and found you guilty of an indecent assault on your stepdaughter. The court sentenced you to confinement for 90 days and reduction in rank from staff sergeant (SSGT; E-6) to private (PVT; F-1). On 31 March 2005 y u were transferred to the Fleet Marine Corps Reserve in the grade of PVT.

The Board is prohibited by law room reviewing the findings of a court-martial and must restrict its review to determine if the sentence of the court-martial should be reduced as a matter of clemency. After such a review, the Board found that clemency was not warranted due to the seriousness of the offense. In this regard, the Board concluded that a reduction in pay grade was appropriate given the nature of the offense and the position of trust you held as a SSGT. 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 up n submission of new and material evidence or other matter not previously considered by the Board. In this regard, it .is important o keep in mind that a presumption of regularity attach s to all official records. Consequently, when applying for correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material e ror or injustice.

			Sincerely,

ROBERT D. ZSALMAN
Acting Executive Director