DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
NAVY
ANNEX
2
NAVAt RECORDS
WASHINGTON DC 20370-5100
TRG
Docket No: 4
13 June 2003
f your
e United
Id
>f this
isted of
support
stions
This is in reference to your application for correction c
naval record pursuant to the provisions of Title 10 of th
States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 June 2003.
Your allegations of error a
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings
Board.
Documentary material considered by the Board cons
your application, together with all material submitted in
thereof, your naval record and applicable statutes, regul
and policies.
After careful and conscientious consideration of the enti
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable mater
error or injustice.
You enlisted in the Marine Corps on 3 October 1983 at age
that time, you had completed about three years of active
the Army.
On 30 June 1985, you were arrested by Japanese
On 29 May 1986, you were convicted of three
authorities.
instances of rape or attempted rape and were sentenced to
six years at forced labor in a Japanese prison.
Based on your conviction by Japanese authorities, you were
processed for an administrative discharge.
In
connectioniwith
this processing, you elected to waive the right to have your case
After review
heard by an administrative discharge board.
the
discharge authority directed discharge under other than h
norable
e was
However, the dischar
conditions by reason of misconduct.
held in abeyance until you were released from prison.
Yo were
charge
released from prison on 24 April 1989 and received the di
1
under other than honorable conditions on 9 June 1989.
~
In its review of your application the Board carefully
potentially mitigating factors,
such as your prior
service and your contention, in effect,
convicted and were not allowed to present an adequate
wei hed all
that you were imp operly
23. At
luty in
re
ial
s
spend
honora le
def nse.
The report sets forth all of
cbservers
The Board thus
not
The Board found that these factors and contentions were
sufficient to warrant recharacterization of your discharge given
your conviction by Japanese authorities of serious offenses.
Filed in your record is a report by the Marine Staff Judge
Advocates who observed the trial.
The trial
the testimony and evidence used against you.
concluded that all of the safeguards required by the Status of
Forces Agreement were observed during the trial.
concluded that the discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
Irequest.
~
The Board believes that you are eligible for veterans'
based on your prior honorable service in the Army.
you have been denied benefits,
under procedures established by the Department of
Affairs.
It is regretted that the circumstances of your case are
You are entitled to h ve the
favorable action cannot be taken.
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
Consequently, when applying for a correction of an
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
you should appeal that de
Vetera
The names and
:
~
b nefits
Ther fore,
if
ial
s
uch that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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