DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 6072-10
18 March 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 16, Usited
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 March 2011. 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 reenlisted in the Navy on 12 July 1981 after nearly six years
of prior honorable service. You served without disciplinary
infraction until you began a period of unauthorized absence (UA)
on 8 June 1994, at which time you were apprehended and held in
confinement by Japanese civil authorities following a search for
narcotics, specifically, marijuana, hashish, and lysergic acid
diethylamide (LSD). On 7 September 1994 you were convicted by
Japanese civil authorities of violation/illegal possession of the
Hemp Control Law and Narcotics Control Law. You were sentenced
to forced labor for two years, which was suspended for rLour
years. Subsequently, you were returned to military custody, and
on 16 September 1994, you received nonjudicial punishment (NUP)
for a 90 day period of UA. The punishment imposed was reduction
to paygrade E-3, extra duty for 45 days, arid a $1,288 forfeiture
of pay.
On 21 September 1994 you were notified of pending administrative
separation action by reason of misconduct due to the drug abuse,
civil conviction, and commission of a serious offense. After
consulting with legal counsel you elected to present your case to
an administrative discharge board (ADB). On 6 October 1994 an
ADB recommended discharge under other than honorable conditions
by reason of misconduct due to drug abuse. On 19 October 1994
your commanding officer also recommended discharge under other
than honorable conditions by reason of misconduct due to drug
abuse, civil conviction, and commission of a serious offense.
Subsequently, on 6 December 1994, the discharge authority
approved these recommendations, and on 12 December 1994, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service 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 drug-related misconduct which
resulted in a civil conviction by Japanese authorities and a
lengthy period of UA. Accordingly, your application has been
denied.
The Board believes that under current regulations you may be
eligible for veterans’ benefits which accrued during your first
period of service. Whether or not you are eligible for benefits
is a matter under the cognizance of the Department of Veterans
Affairs (DVA), and you should contact the nearest office of the
DVA concerning your right to apply for benefits.
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 PF
I
Executive Dikectdr
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