DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 10459-07
22 August 2008
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 13 August 2008. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the navy on 14 May 1982 at age 20. You received
nonjudicial punishment (NJP) on 9 July 1983 for three days of
unauthorized absence which was due to your arrest by civil
authorities for disorderly conduct and destruction of property.
Additional charges at your NUP included disrespect to a
commissioned officer, disobedience of a lawful order, resisting
apprehension and assault. On 30 November 1983 you received a
second NUP for illegal use of marijuana. Based on your use of
drugs as well as your prior misconduct you appeared before an
administrative discharge board (ADB) that recommended that you
be separated with an
other than honorable (OTH) discharge but
that the discharge be suspended for one year on condition of no
further misconduct.
tested positive for using marijuana.
an OTH discharge on 4
Upon review and consi
Board concluded that
Unfortunately less than a month later you
Consequently you received
6 March 1984.
deration of all the evidence of record the
in view of your repeated drug usage and
other acts of misconduct your discharge was proper as issued and
should not be changed now as a matter of clemency.
Accordingly,
votes of the members
request.
It is regretted that
that favorable action
the Board reconsider
material evidence or
the Board. In this r
a presumption of regu
Consequently,
naval record, the bur
existence of probable
Copy to:
American Legion
your application has been denied.
The names and
of the panel will be furnished upon
the circumstances of your case are such
cannot be taken. You are entitled to have
its decision upon submission of new and
pther matter not previously considered by
egard, it is important to keep in mind that
larity attaches to all official records.
when applying for a correction of an official
fen is on the applicant to demonstrate the
material error or injustice.
Sincerely,
WDa.§
W. DEAN PFE
Executive D
R
or
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