DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

AEG
Docket No:
21 March 2001

2168-01

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF

Ref:

(a) 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) Pers-001 Memo to CNP of 
(3) Subject's naval records (excerpts)

lDecO0

1. Pursuant to the provisions of reference (a), Petitioner, the
sister of a former officer in the Naval Reserve, filed enclosure
(1) with this Board requesting, in effect, that his naval record
be corrected to show that he was not a deserter but died while
serving on active duty.

2. The Board, consisting of Messrs. Pfeiffer, Zsalman and  
reviewed Petitioner's allegations of error and injustice on 21
March 2001 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.

Documentary material considered by

Ruskin,

3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:

a. Before applying to this Board, Petitioner exhausted all

administrative remedies available under existing law and
regulations within the Department of the Navy.

b. Enclosure (1) was filed in a timely manner.

C . Evidence of record made available to the Board reflects
that Subject was commissioned an ensign in the Supply Corps of
the Naval Reserve and then began a period of extended active
duty.
and, on 7 January 1968, was assigned duties as disbursing
officer.

On 26 December 1967 he reported aboard USS CACAPON (AO-52)

d. On 17 January 1968 Subject failed to report for muster

Subic Bay, Philippine

while CACAPON was moored at Naval Station,  
Islands.

Subsequently, it was discovered that the safe in the

disbursing office was unsecured and about $8600 in cash was
missing.

e. On 18 January 1968 the commanding officer notified naval
authorities by message that Subject had become an unauthorized
absentee.
reported that Subject was a deserter.
by the Naval Investigative Service (NIS) and the Judge Advocate
General failed to locate Subject or the money, and the case was
closed in NIS files as  

On 23 January 1968 a DD Form 553 was submitted which

@@unresolved.l'

Subsequent investigations

f. During the course of the investigations, one

interviewed was a Disbursing Clerk Second Class (DK2; E-5)
who worked for Subject.
At that time,
involvement in Subject's disappearance.
that Subject and he had worked on the ship's payroll in the
disbursing office the night before Subject disappeared.
the course of the investigations,
examination and was deemed  

@'non-deceptive."

-denied  any

he submitted to a polygraph

However, he admitted

DK2 

individual

During

g. In 1976, a civil court declared Subject legally dead,

however, such action had no effect on the entries in his record
reflecting unauthorized absence and desertion.

h. In February 1993 administrative action was initiated to

drop Subject from the rolls of the Navy which was approved by the
Acting Secretary of the Navy.
A reserve officer may be dropped
from the rolls if he is absent without authority for at least
three months.
individual's service is not characterized.
any federal benefit programs,
equivalent to a discharge under other than honorable conditions.

No discharge certificate is issued and the

dropping from the rolls is

For the purpose of

i. In March 1998 Petitioner contacted the Naval Criminal

Investigative Service (NCIS) and advised that Subject had not
been seen or heard from since his disappearance.
NCIS identified additional leads and determined that the
investigation should be reopened.

Upon review,

j- On 20 November 1999, during the NCIS investigation, ex-DK2

LeB submitted to a second polygraph examination.
interim report of investigation sets the results of that
examination as follows:

The NCIS

. 

. SA (Special Agent) (C) opined
. 
the relevant questions regarding the
disappearance, harming (Subject) and t
money 
. During the interrogation,
is likely responsible for (Subject's)
could not recall it and advised he likely repressed the
memory.

(Subject) stated he  

death; however, he

was deceptive to
ing of (Subject's)

"pictured" himself with a body

ealing of the
acknowledged he

. . 

2

over his shoulder and could see himself and another USN
member lowering th
the USS CACAPON.
confronted him abou
may have occurred resulting in (Subject's) death.
stated he likely would have had help with disposing (of
Subject's) body

e missing money and a confrontation
(jJrspl(

into one of the oil tanks aboard
tated (Subject) may have

.
. . 

 

 

Because of Mr.
disposing of S
CACAPON's crew were interviewed.
specifically admitted to culpability in the incident.

comments to the effect that he had help in
s body, several other former members of

However, no one else has
-

k. The NCIS report states as follows regarding another

interview with 

Mr.-on 21 September 2000:

 

.. . 

WlI)))IPhe was going to re

_ admitted to the theft

During the interrogation,
of the disbursing office funds and the murder of (Subject).
-maintained  he was stealing money from the safe when
(Subject) walked into the office door. (Subject) allegedly
ort him and a confrontation
told 
occurred.
and he beat (Subject's) head against the deck.
advised he then choked (Subject) until he was lifeless.
(LeB) stated he subsequently disposed of (Subject's) body
into the oil tank located within close proximity to the
disbursing office.
maintained he acted alone and
never told anyone of his actions.

@@m& (Subject) fell to the ground

According to

w

 

1. In a memorandum of 1 December 2000 the Legal Counsel to the

Chief of Naval Personnel (CNP) set forth the foregoing facts and
Mr.snd/or  anyone else is a
noted that legal action against  
matter for civil authorities since  
jurisdiction over any of the suspects."
the Navy
taking action to
reflect (Subject) was killed while on active duty vice deserted."
CONCLUSION:

"remove the deserter mark from our records to

"not wait for any results of a possible  

Counsel recommended that
trial" prior to

"the military has no

It is now abundantly clear that Subject was never an

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
unauthorized absentee or a deserter,
-when Subject caught him stealing
disbursing office.
Accordingly, the
legal counsel that the record should
deserted, and should be corrected to
January 1968 while serving on active
believes the record should be corrected by removing all evidence
pertaining to the 1993 action dropping Subject from the rolls of
the Navy.

then-DK2
but was killed by  
money from the safe in the
Board agrees with  
no longer show that Subject
show that he died on 17
duty.

The Board also

CNP's

3

In view of the foregoing,
injustice warranting the following corrective action.

the Board finds the existence of an

RECOMMENDATION:

a. That Petitioner's naval record be corrected by removing all

references to his unauthorized absence or desertion.
corrective action should include,
to, removal of the message and DD Form 553 of 18 and 23 January
1968, respectively.

but not necessarily be limited

This

b. That Petitioner's naval record be further corrected to show

that he died on 17 January 1968 while serving on active duty.

C . That the record be further corrected by removing all

documentation pertaining to the administrative action dropping
Petitioner from the rolls of the Naval Reserve.
action should include,
of the letters dated 18 February and 6 and 12 April 1993.

This corrective
but not necessarily be limited to, removal

d. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed or completely
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.

e. That any material directed to be removed from Petitioner's
together with a copy of

naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.

for retention in a confidential file
with no cross reference being made a

4. It is certified that a quorum was present at the Board's
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.

ROBERT D. ZSALMA
Recorder

N

Acting Recorder

5. Pursuant to the delegation of authority set out in Section 5e
of the Procedures of the Board for Correction of Naval Records
(32 Code of Federal Regulations, Section  
ensured compliance with its provisions,
that the foregoing corrective action,
of reference (a) has been approved by the Board on behalf of the
Secretary of the Navy.

723.6[e]), and having
it is hereby announced

taken under the provisions

Executive

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