DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2741-16 
APR 18 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 January 2017. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

Regarding your request for a personal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board determines that 
such an appearance will serve some useful purpose. In your case, the Board determined that a 
personal appearance was not necessary and considered your case based on the evidence ofrecord. 

You reenlisted in the Marine Corps and began a period ofactive duty on 21 April 197 4. You 
served for eight months without disciplinary incident, but on 20 December 197 4, you were 
convicted by civil court in Japan ofwrongful possession, transfer, and sale ofmarijuana. The 
sentence imposed was confinement at forced labor for a period oftwo years, which the court 
suspended for a period ofthree years. Subsequently, you were notified ofpending administrative 
discharge processing with an other than honorable (OTH) discharge by reason ofmisconduct due 
to civil conviction. After consulting with legal counset, you elected to present your case to an 
administrative discharge board (ADB). On 8 April 1975, the ADB found that you committed 
misconduct and recommended that you be separated with an OTH discharge. Your commanding 
officer concurred with the ADB and forwarded his recommendation to the separation authority. 
The separation authority agreed with the recommendation ofthe ADB and directed your 
commanding officer to issue you an OTH discharge by reason ofmisconduct due to civil 
conviction and on 1May1975, you were so discharged. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your statement that favorable testimony ofyour character was given 
by your command and your post service conduct to include your 42 years ofmarriage and raising 
your family. The Board found that these factors were not sufficient to warrant relief in your case 
because ofthe seriousness ofyour misconduct that resulted in a civil conviction in a foreign host 
country. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken at 
this time. You are entitled to have the Board reconsider its decision upon the submission of new 
and material evidence. New evidence is evidence not previously considered by the Board. In 
this regard, it is important to keep in mind that a presumption ofregularity attaches to all official 
records. Consequently, when applying for a correction ofan official naval record, the burden is 
on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director