DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 06999-06
19 January 2007

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 17 January 2007. 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 2 February 1972 at age 20. On 3 August 1973 you were convicted by summary court-martial (SCM) of a 24-day period of unauthorized absence (UA) and missing movement. On 25 April 1974, you were convicted by Japanese civil authorities of violating their narcotics control law by possessing heroin valued at about $15,000. You were sentenced to two years of forced labor.

On 27 June 1974 administrative discharge action was initiated by reason of misconduct due to civil conviction and you elected to consult counsel and have your case heard by an administrative discharge board (ADB).

On 13 July 1974 an ADB found that you had committed misconduct due to civil conviction, and recommended an undesirable discharge. Subsequently, your commanding officer (CO) forwarded your case to discharge authority concurring with the recommendation of the ADB. On 25 July 1974 the discharge authority directed an undesirable discharge due to the civil conviction. You were so discharged on 2 July 1975, after you were released by the Japanese authorities.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, time in service, post service accomplishments, and the contention that you were coerced into accepting an undesirable discharge. However, the Board found that these factors and contention were not sufficient to warrant any change in your discharge given your conviction by SCM, and especially the civil conviction for possession of a substantial amount of heroin and the ensuing period of incarceration. Concerning your contention, there is no evidence in the record to support it, and you submitted no such evidence. Additionally, although you were not present at your ADB, the record shows that you were represented by a qualified military lawyer who presented your case. Further, as stated earlier, the execution of your discharge was held in abeyance until you were released from prison. 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,

ROBERT D. ZSALJMAN
Acting Executive Director

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