DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

ELP
Docket No. 2982-01
11 September 2001

Dear

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.

Your allegations of error and injustice were

A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
6 September 2001.
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.

considered your application on

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.

The Board found that you reenlisted in the Navy on 8 December
1993 for six years as a 
reenlistment, you had completed more than seven years of prior
active service.

At the time of your

JO1 (E-6).

The record reflects that you were awarded the Navy Achievement
Medal for superior performance while serving as a leadership
course facilitator for leading petty officers.
second Navy Achievement Medal on 20 October 1996 for your
superior performance of duty while serving as public affairs
officer and project officer for two port visits of the USS OLIVER
HAZARD PERRY.
additional period of two months and were awarded your third Good
Conduct Medal in 1997.
Navy-Marine Corps Commendation Medal for meritorious service as
the Public Affairs Officer at Navy Recruiting District, Buffalo.

Thereafter, you extended your enlistment for an

On 4 March 1998 you were awarded the

You received a

The 

The 

When
questioned, you claimed that you had  

(PA01 provided a

PA0 noted that his suspicions began after he

On 5 October 1998 the public affairs officer  
sworn statement to a command investigator concerning your
downloading of pornography from the worldwide web on a government
computer.
returned from a period of leave in August 1998, during which time
you house-sat for him and his wife.
When he went to review the
most recent documents on his computer, it listed 15 of the most
It was evident
recent downloaded pictures from the internet.
from the file names they were pornographic.
he confronted you on this lapse of judgment, told you of his
discovery, and let you know that he was furious that you would
internet
bring such filth into his home,
account was under his wife's name.
profusely to him and he told you that you had better not be doing
PA0 did not take any
this at work.
action against you because the pictures were on his home
computer.
numerous people that you frequently worked late at night.

PA0 went on to say he received reports from

You said you were not.

especially when the  

He states that you apologized

The 

PA0 noted that

The 

"no 

life" and liked to work
In Septem-

PA0 noticed a slide in your performance and that you

late and chat with your girlfriend on the internet.
ber, the 
became overprotective with your computer, always locking it
before you left your space.
when several contractors were working in your office, he needed
to use your computer to access the news websites.
he found your 
which he saved to a disk and gave to the staff judge advocate.

Netscape history was full of inappropriate sites,

PA0 stated that during a period

When he did,

The 

A medical officer determined that four of the

Thereafter, the Naval Criminal Investigative Service initiated an
investigation that reviewed photographic/digital images of
apparently underage, nude females stored on floppy disks provided
by the command.
six images reviewed were of underage females.
hard drive was conducted, a list of 
visited was obtained and several additional images of apparently
underage male and female individuals were recovered.
This list
was provided to the computer crimes division for comparison
against 
pornography.
you invoked your right to remain silent.

A review of your
internet sites you allegedly

internet sites known to be distributors of child

Attempts to interrogate you were unproductive as

Based on the foregoing, on 6 August 1999 you received nonjudicial
punishment for failure to obey a lawful regulation, false
official statements, and violation of the Federal criminal code.
Punishment imposed consisted of a reduction in rate to JO2 (E-5),
forfeitures of $905 per month for two months, and 60 days of
restriction.

On 7 October 1999 you were notified that discharge action was
being initiated by reason of misconduct due to commission of a

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YOU were advised of your procedural rights and

serious offense.
that if discharge was approved, it could be under other than
You elected to consult with legal counsel
honorable conditions.
but declined to submit a statement in your own behalf, and waived
the right to present your case to an administrative discharge
board (ADB).
discharge by reason of misconduct due to commission of a serious
offense.
violates Federal law and the standards of moral decency and
Thereafter, the discharge
ethics expected of our Sailors.
authority directed a general discharge by reason of misconduct
due to commission of a serious offense.
on 5 November 1999 and assigned an RE-4 reenlistment code.

The commanding officer stated that child pornography

The commanding officer recommended a general

You were so discharged

The DD Form 214 issued shows continuous active service from
20 November 1986 to 5 November 1999.
18) of the DD Form 214 should also show you had "continuous
honorable active service from 20 November 1986 until 7 December
1993."

The remarks section (block

However,

The Board

In its review of your application the Board conducted a careful
search of your record for any mitigating factors which might
warrant a recharacterization of your general discharge.
no justification for such a change could be found.
noted that you were warned by the  
PA0 about utilizing your office
computer to access pornographic sites after he discovered you had
Your contention that
visited such sites on his home computer.
this was an isolated incident or an aberration is without merit
since you apparently failed to learn from your experience at the
PAO's home and continued to breech the  
PAO's trust by accessing
pornographic 
concluded such misconduct during your last period of service did
not warrant a fully honorable characterization of service.
Regulations require the assignment of an RE-4 reenlistment code
The Board
to individuals discharged by reason of misconduct.
concluded that the discharge and reenlistment code were proper
and no changes are warranted.
Accordingly, your application has
been denied. The names and votes of the members of the panel will
be furnished upon request.

websites on your office computer.

The Board

You are advised that corrections to block 18 of your DD Form 214
are administrative in nature and do not require action by the
Board.
Commander, Navy Personnel Command, 5720 Integrity Drive,
Millington, TN 38055.

You may submit a request for correction of block 18 to

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and

You are entitled to have

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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,

W. DEAN PFEIFFER
Executive Director