DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TIR
Docket No: 5016-08
5 March 2009
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 3 March 2009. The names and votes of the members
of the panel will be furnished upon request. 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 Navy on 24 February 1977 at age 17 and served
for nearly a year without disciplinary incident. However, on 19
February 1978, you received nonjudicial punishment (NOP) for
wrongful possession of hashish, resisting arrest, and larceny.
On 27 September 1978 you received NUP for three periods of
unauthorized absence (UA) totalling three days, absence from your
appointed place of duty, missing the movement of your ship,
failure to obey a lawful order, and two specifications of
dereliction of duty.
On 29 May 1979 you were convicted by Japanese civil authorities
of robbery and sentenced to confinement at forced labor for four
years. As a result, on 5 June 1979, you were notified of pending
administrative separation action by reason of misconduct. After
consulting with legal counsel, you elected to present your case
to an administrative discharge board (ADB). On 14 December 1979
an ADB recommended separation under other than honorable
conditions by reason of misconduct due to civil conviction. On 6
February 1980 your commanding officer also recommended separation
under other than honorable conditions by reason of misconduct.
On 3 October 1980 the discharge authority approved these
recommendations and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct due to
civil conviction. However, on 28 September 1981, you were
erroneously issued an other than honorable discharge by reason of
misconduct due to ‘drug abuse.’
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct in both
the military and civilian communities. Accordingly, your
application has been denied.
The Board noted that the narrative reason for separation on your
Certificate of Release or Discharge from Active Duty (DD Form
214) is incorrect because you were not processed for separation
by reason of misconduct due to drug abuse. If you would like a
corrected certificate, you may contact the Department of the
Navy, Navy Personnel Command (BUPERS), Sailor Assistance Center,
Code Pers-312F, 5720 Integrity Drive, Millington, TN 38055-3120
to request an administrative change be made to your DD Form 214.
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,
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