DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10295-02
12 September 2003
:
Your allegations of error and
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record,
and applicable statutes, regulations,
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 9 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
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 on 9 September 1977 at age 18 and served
without disciplinary incident until 15 January 1979 when you
(NJP) for possession of marijuana
received nonjudicial punishment
and hashish.
The punishment imposed was a $466 forfeiture of
pay, reduction to
and correctional custody for 30
days.
On 31 July 1979, while you were in an unauthorized absence (UA)
status, you were arrested by Japanese civil authorities on
charges of violation of cannabis control laws, specifically,
receiving and trafficking 200 sticks of marijuana.
1979 you were convicted by Japanese civil authorities of
violating cannabis control laws,
in prison.
On 24 November 1979 you were notified of pending administrative
separation action had been initiated by reason of misconduct due
to civil conviction.
Subsequently, an administrative discharge
and were sentenced to 17 months
The correctional custody was suspended for six months.
paygrade E-2,
On 30 October
However, on 20
board (ADB) recommended separation under other than honorable
conditions due to the civil conviction.
Your commanding officer
did not concur with the recommendation of the ABD and recommended
a general discharge by reason of misconduct.
January 1980, the discharge authority directed separation under
other than honorable conditions,
to be executed upon your release
from civil confinement and return to the United States.
On 18
August 1980, upon your release from civil authorities, you were
discharged under other than honorable conditions.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contentions that except for
the civil conviction, your military service was otherwise honest,
faithful, and meritorious, you were never under the influence of
marijuana while performing your military duties, and the taboo
against marijuana use has eased considerably.
Nevertheless, the
Board concluded these factors and contentions were not sufficient
to warrant recharacterization of your discharge because of your
serious and repetitive drug related misconduct in both the
military and civilian communities.
under current standards, an individual processed for separation
due to drug abuse or civil conviction is usually discharged under
other than honorable conditions.
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 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.
Finally, the Board noted that
Sincerelv,
W. DEAN PFEI
2
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