DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 917-08
10 December 2008
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 December 2008. 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 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 enlisted in the Marine Corps on 7 January 1974 at age 18.
About six months later, on 9 July 1974, you received nonjudicial
punishment (NJP) for a 23 day period of unauthorized absence
(UA). Shortly thereafter, on 8 October 1974, you received NUP
for a 19 day period of UA.
On 19 March 1975 you were convicted by special court-martial
(SPCM) of unauthorized purchases of alcoholic beverages. You
were sentenced to a $375 forfeiture of pay and confinement at
hard labor for one month. On 6 June 1975 you began another
period of UA that was not terminated until you were apprehended
by Japanese civil authorities. As a result of this arrest, on 20
October 1975, you were convicted by civil authorities of
possession and use of explosives to commit a crime and robbery.
You were sentenced to confinement at forced labor for two years
and six montis.
On 18 November 1975, while in the custody of civil authorities,
you were notified of pending administrative separation by reason
of misconduct due to the civil conviction. After consulting with
legal counsel you elected to present your case to an
administrative discharge board (ADB). On 5 December 1975 an ADB
recommended discharge under other than honorable conditions by
reason of misconduct due to conviction by civil authorities.
Subsequently, your commanding officer also recommended discharge
under other than honorable conditions by reason of misconduct due
to civil conviction. On 24 December 1975 the discharge authority
approved these recommendations, and on 2 November 1976 you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge so that you may
obtain veterans’ benefits. It also considered your assertion
that you were told that your discharge would be upgraded six
months after your separation from the Marine Corps.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct in both the
military and foreign civilian communities, and the repeated and
lengthy periods of UA from the Marine Corps. Further, there is
no evidence in the record, and you submitted none, to support
your assertion. Finally, no discharge is upgraded due solely to
the passage of time. 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,
Lo Qua SP
W. DEAN PFEVY
Executive DiWjec
NS
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