DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
ELP
Docket No. 2305-02
12 April 2002
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.
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session, considered your application on
10 April 2002. 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.
The Board found that you enlisted in the Navy on 2 April 1986 for
four years at age 18. The record reflects that on 2 June 1986
the Recruit Training Center (RTC) advised the Commander, Naval
Military Personnel Command (CNMPC) , that you had failed to fully
disclose your prior involvement with civil authorities. This
involvement included two months in a divisional youth program for
a burglary and one year of unsupervised probation for a charge of
accessory to stealing gasoline. The commanding officer opined
that further processing for discharge was not in the best
interest of the naval service, and stated that you were being
transferred to your next duty station upon completion of recruit
training. However, on 1 July 1986, CNMPC directed separation
processing by reason of fraudulent enlistment.
You reported for duty on board the USS DETROIT on 10 September
1986 and were subsequently advanced to SA (E-2). On 25 December
1986, CNMPC requested the status of the separation processing
directed on 1 July 1986. The CO of the DETROIT responded that
when you reported on board the RTC letter of 2 June 1986 was
noted in your service record, but the ship was unaware of NMPC1s
directive to process you for separation. The CO noted that you
had been on unauthorized absence (UA) since 18 December 1986.
On 28 January 1987 you received nonjudicial punishment (NJP) for
three periods of UA totaling about 23 days, from 18 December 1976
to 4 January 1987, 11-12 January and 19-25 January 1987; absence
from your appointed place of duty; missing movement; and
disobedience. Punishment imposed consisted of a reduction in
rate to SR (E-1) , forfeitures of $350 per month for two months,
and 45 days or restriction and extra duty. On the same day,
CNMPC directed that you be processed for separation by reason of
defective enlistment due to fraudulent entry and misconduct as
appropriate.
On 11 February 1987 you were notified that administrative
separation action was being initiated by reason of misconduct due
to commission of a serious offense and fraudulent entry. You
were advised of your procedural rights and that if discharge was
approved, it could be under other than honorable conditions. You
declined to consult with legal counsel and waived your right to
an administrative discharge board (ADB) . Thereafter , the
commanding officer recommended discharge under other than
honorable conditions. On 25 February 1987, CNMPC directed
discharge under other than honorable conditions by reason of
misconduct due to commission of a serious offense. You were so
discharged on 3 March 1987.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that it has been more than 15
years since you were discharged. The Board noted the educational
completion certificates, the college transcript, your pursuit of
a career in law enforcement, and the letters of reference. The
Board also noted your contention that you cannot be commissioned
a police officer with an other than honorable discharge, that
during your youth you began running away from an abusive home and
getting into trouble, and during this time the police officers
you dealt with became very positive role models. The Board
concluded that foregoing factors and contention were insufficient
to warrant recharacterization of your discharge given your
fraudulent enlistment and the NJP for three UAs totaling 23 days,
missing movement, and disobedience. The Board noted the aggra-
vating factor that you waived an ADB, the one opportunity you had
to show why you should be retained or discharged under honorable
conditions. The fact that you desire to be a police officer and
have passed all the qualifications for such employment does not
provide a valid basis for recharacterizing your service. The
Board concluded that the discharge was proper and no change is
warranted. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request .
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
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
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