DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
WMP
Docket No:
13 May 2002
1541-01
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 8 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 2 April 1990 for four years at age
22.
medical condition and denied any pre-service drug abuse.
Before enlisting, you denied receiving any treatment for a
The record reflects that you served without incident until 24
October 1990 when you received non-judicial punishment for
failure to be at your appointed place of duty.
imposed was forfeiture of $150 and restriction for 30 days.
Additionally you were counseled and warned concerning your
You were
failure to be at your appointed place of duty.
additionally warned of the consequences of further deficiencies,
including possible administrative separation processing.
The punishment
On 28 June 1991, you were advised of your ineligibility for a
security clearance due to disqualifying information,
you were hospitalized from 14 August to 29 August
specifically,
1989 and diagnosed with schizophreniform disorder, but failed to
disclose this hospitalization and diagnosis prior to your
enlistment.
Additionally, during an interview on 14 September 1990, you
stated that you consumed between six to fifteen beers daily and
during subsequent interviews on 12 December 1990, and on 14, 15
and 19 February 1991, you admitted smoking marijuana on weekly
basis during a six month period in 1982 and 1983, and again
between January 1987 through September 1989.
that you obtained marijuana without charge from friends but once
traded a radio, valued at $60, for the drug.
that you were present on a number of occasions for cocaine sales
and, on one occasion, acted as a "middleman" during a sales of
cocaine.
information in the interview of 12 December 1990 out of fear
that full disclosure would result in denial of a security
clearance.
Subsequently, you admitted that you concealed
You also stated
You further stated
On 12 November 1990, you were notified that separation action
was being initiated by reason of defective enlistment and
induction due to fraudulent entry.
advised of and waived all of your procedural rights, with the
exception of the right to obtain copies of documents used to
support the basis for separation.
On 27 November 1991, you
received a general discharge by reason of defective enlistment
and induction due to fraudulent entry and assigned an RE-4
reenlistment code.
At this time, you were
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your contentions that
your pre-service activities had no bearing on your character of
service, your medical condition and lack of education made you
incapable of responding to the questions in your enlistment
documents, and your good post service conduct.
However, the
Board concluded that you purposely withheld vital information
concerning your medical condition,
This information, if known,
enlistment.
during your security investigation, you again withheld
information, while under oath, during your interview conducted
on 12 December 1990.
and drug and alcohol abuse.
would have made you ineligible for
Additionally, after these facts came to light
The Board concluded that these acts of
2
withholding information and your failure to fully account for
your actions while under oath do, in fact, have a bearing on the
character of your service.
at the time, an honorable discharge was not authorized for
individuals separated by reason of fraudulent enlistment.
on this information the Board concluded that your record
supports a general discharge,
fully honorable.
and it should not be upgraded to
Finally, under regulation, in effect
Based
At the time of your service, 38 USC 3011 stated that a
servicemember who enlisted for a four year active duty
commitment must complete a minimum of three years of continuous
active duty in order to be eligible for
benefits under the Montgomery G.I. Bill (MGIB).
must receive a fully honorable characterization of service in
order to receive benefits.
also states that,
individual is reduced shall be revert to the Treasury and shall
not, for purposes of any Federal law, be considered to have been
received by or to be within the control of such individual."
Based on the foregoing,
you are neither eligible to receive
basic educational benefits nor are you eligible to receive a
refund of the amount you contributed to the MGIB.
"Any amount by which the basic pay of an
Additionally, this provision of law
basic educational
An individual
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
The names and
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
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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