DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 08646-10
23 May 2011
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 19 May 2011. 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 Marine Corps on 15 November 1972, and served
without disciplinary incident until 11 July 1973, when you
received nonjudicial punishment (NJP) for an unauthorized absence
in excess of 24 days. Shortly thereafter, on 13 June 1974, you
were arrested while stationed in Japan and convicted in eivil
court of the possession and sale of heroin. Therefore, you were
recommended for separation with an other than honorable (OTH)
discharge due to civil conviction. You exercised your right to
request an administrative discharge board (ADB). The ADB found
that you had committed misconduct and recommended separation with
an OTH discharge. The separation authority approved the
recommendation and on 7 March 1975, you were separated with an
OTH discharge and an RE-4 (not recommended for retention)
reenlistment code due to civil conviction.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your claim that you were illegally held in a Japanese stockade.
However, you have produced no evidence to support your claim.
Therefore, the Board concluded there was no basis to warrant a
recharacterization of your discharge due to your civil
conviction. 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,
TR A ne pcnsiny
ROBERT D. SALMAN
Acting Executive Director
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