DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 5231-00
19 January 2001
Dear
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 17 January 2001.
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.
Your allegations of error and
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 on 10
August 1972 at age 19.
On 11 January 1973 you were arrested by
Japanese authorities.
On 24 June 1973 you were convicted in
Japanese civil court of rape and causing injury through rape.
The court sentenced you to three years of confinement at hard
labor.
Although your record is incomplete, it appears that
Based on your conviction you were processed for an administrative
discharge.
you elected to have your case heard by an administrative
discharge board.
On 23 July 1974 the discharge authority
directed an undesirable discharge which was to be held in
abeyance until your release from confinement.
from prison on 15 October 1975 and the undesirable discharge was
issued on 24 October 1975.
You were released
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and low score on the aptitude test.
considered your contentions that you have been a good citizen for
many years and that you need a better discharge so you can obtain
The Board also
The Board found that these factors and
veterans benefits.
contentions were not sufficient to warrant recharacterization of
your discharge given your conviction of a serious offense.
Board concluded that the discharge was proper as issued and no
change is warranted.
The
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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,
W. DEAN PFEIFFER
Executive Director
2
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