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NAVY | BCNR | CY2007 | 01650-07
Original file (01650-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5~oo



 TJR
 Docket No: 1650-07
11 December 2007









This is in reference to your application for correction of your late brother’s 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 11 December 2007. 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 thereof, your late brother’s 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 brother enlisted in the Marine Corps on 10 February 1975 at age 17 and served for two years and six months without disciplinary incident. However, on 11 August 1977, he was convicted by Japanese authorities of driving under the influence of alcohol and sentenced to a $20,000 yen fine. On 14 September 1977 he was apprehended by Japanese authorities and placed on legal hold for possession of illegal drugs. As a result, on 21 September 1977, he was convicted by Japanese authorities of two specifications of possession, transfer, and use of marijuana. He was sentenced to confinement at forced labor for 18 months, but the sentence was suspended for three years. On 22 September 1977 he received nonjudicial punishment (NJP) for failure to go to his appointed place of duty and awarded restriction for 14 days. About three months later, on 9 December 1977, he again received NJP for failure to obey a lawful order and sleeping on duty.
Subsequently, your brother was processed for an administrative separation by reason of misconduct due to drug abuse and civil conviction, and on 13 March 1978 he was so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your late brother’s entire record and your application, carefully weighed all potentially mitigating factors, such as his youth and post service conduct. it also considered your assertion of his deprived background. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterizatjon of his discharge because of the seriousness of his repetitive misconduct in both the military and civilian communities, which resulted in two NJPs, two convictions by foreign authorities, and included drug and alcohol abuse. Finally, there is no evidence in the record, and you submitted none, to support your assertion. 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.
Sincerely,


W. DEAN PFEIFFER
Executive Director

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