DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4507-08
5 February 2009
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
4 February 2009. 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 21 July 1978, you enlisted in the Marine Corps at age 18. On
24 January and 28 June 1979, you had nonjudicial punishment. Your
offenses included a brief instance of unauthorized absence, three
instances of absence from your appointed place of duty, and two
instances of failure to go to your appointed place of duty. On
27 October 1979, you were granted a drug exemption and subsequently
participated ina drug rehabilitation program. On 11 December 1980,
you reported for duty in Okinawa, Japan. On 26 February 1981, you
were convicted in Japanese civilian court of violation of the
Narcotics Control Law and gentenced to 18 months of forced labor
confinement.
Your commanding officer subsequently 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 other than honorable (OTH) discharge and waived
the right to have your case heard by an administrative discharge
board (ADB). On 7 April 1981, the separation authority approved the
discharge recommendation and directed an OTH discharge by reason of
misconduct due to a civil conviction. After you were subsequently
released from civil confinement, on 14 January 1982, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of your drug-related misconduct that occurred in a
foreign country after you were granted a drug exemption and
participated ina drug rehabilitation program. Furthermore, your
discharge by reason of misconduct due to a civil conviction met the
requirements established by regulations. The Board also noted that
you waived the right to have your case heard by an ADB, your best
opportunity for retention or a more favorable characterization of
service. 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. we PFEIKE
Executive Dikéc
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