DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
° WASHINGTON DC 20370-5100
REC
Docket No: 03056-09
2 February 2010
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 26 January 2010. 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 ali 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 and began a period of active
duty on 29 July 1980, at age 19. On 10 December 1982, you were
dropped from noncommissioned officer school for your poor
attitude, lack of attendance, poor performance during class
instruction and unsatisfactory behavior. On 2 August 1983, you
were not recommended for advancement. On 20 October 1983, you
were convicted for possession and use of speed by the Hiroshima
District Court, Japan. You were found guilty and sentenced to
one year imprisonment at forced labor; however, the sentence was
suspended for three years. On 16 July 1984, administrative
discharge action was initiated by reason of misconduct due to
your civil conviction for possession and use of speed. You
elected to have your case heard by an administrative discharge
board (ADB), which voted four to zero in favor of an other than
honorable discharge. Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 26 October 1984, you were
convicted for importing marijuana by the Iwakuni District Court,
Japan. You were found guilty and sentenced to one year and four
months imprisonment at forced labor. On 18 December 1984, the
discharge authority directed an other than honorable discharge by
reason of misconduct based on your civil convictions. On 3 March
1986, you were so discharged. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant changing the reason
or characterization of your discharge, given your record of two
civil convictions. The Board also noted that you elected an ADB,
which was your best opportunity for retention or a better
characterization of service. 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 ig on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
lau
W. DEAN
Executive
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