DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1576-08
6 October 2008
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 1 October 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.
On 25 June 1973, you enlisted in the Marine Corps at age 18.
On 29 May 1975, you were apprehended by foreign civil
authorities and held pending charges. On 17 September 1975,
you were convicted in Japanese civil court of international
smuggling and transportation of marijuana. The court sentenced
you to two years of confinement with forced labor.
On 17 September 1975, your commanding officer initiated
administrative separation by reason of misconduct due to a
civil conviction. In connection with this processing, you
acknowledged that separation could result in an undesirable
discharge (UD) and elected to have your case heard by an
administrative discharge board (ADB). On 29 September 1975, an
ADB convened and found that you were guilty of misconduct due
to a civil conviction and the majority recommended a UD. On
15 October 1975, the separation authority approved the
discharge recommendation and directed a UD by reason of
misconduct due to a civil conviction, but directed that
discharge be held in abeyance pending your return to military
authorities. On 26 October 1976, you were released from civil
confinement. On 17 November 1976, you were discharged with a
UD by reason of misconduct due to a civil conviction.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and civil conviction that resulted in discharge. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the
seriousness of your misconduct. Therefore, the Board concluded
that the discharge was proper as issued and no change is
warranted. 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 PFEIF
Executive Dir
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