DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC

 

20370-5100

S

TRG
Docket No: 5578-01
8 December 2002

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.

Your allegations of error and

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
In addition, the Board considered the input on
and policies.
your case provided by your commanding officer, a copy of which is
enclosed.
command input.

The Board also considered the rebuttals to the

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 7 July 1999 at age 33.
satisfactorily completed initial training and on 14 December 1999
you reported to your first duty station.
May to 1 September 2000 you were placed on report on three
occasions for three specification of insubordination and
disrespect, two specification of disobedience, and missing
movement of your unit through neglect.
punishment 

(NJP) was never held on those charges.

However, nonjudicial

During the period 12

You

Based on the foregoing record, you were processed for a general
discharge by reason of commission of a serious offense. In
connection with this processing,
On 27 November 2000, your commanding officer
procedural rights.
recommended a general discharge by reason of misconduct stating,
in part, as follows:

you elected to exercise your

. 

. 

. (He) has shown little capacity for assimilation
. 
Despite this command's best
into the naval service.
efforts to counsel and educate him on proper military

behavior and responsibilities, he has demonstrated a
repeated problem with authority by being disrespectful
and insubordinate with members of his chain of command.
He has also demonstrated a problem with following the
. . . . the burden he
lawful orders of his superiors_
places on this command far outweighs his value added.

On 4 January 2001 the discharge authority approved the
recommendation of your commanding officer that you be discharged
for misconduct with a general discharge.
on 5 January 2001.

You were so discharged

In response to a request from the Board, your commanding officer
recommended that your request to be reinstated on active duty be
denied and stated that you have been provided a DD Form 214 and
other documentation concerning your discharge.
provided copies of statements made by your superiors which
resulted in your placement on report, and a nine page
chronological summary of the evidence.
that your equal opportunity complaint was found to be
unsubstantiated.

The chronology indicates

The command also

In your rebuttal to the commanding officer's recommendation you
have provided your version of events and contend that the command
was pressuring members to make false statements, and falsifying
documents.
Your counsel points out that you never received any
disciplinary actions for your alleged misconduct and contends
that it was therefore improper to discharge you for commission of
a serious offense.
He also argues that you should not have been
charged with failing to provide a valid childcare certificate and
missing movement.
In support of this contention, you have
submitted a childcare certificate, dated 22 May 2000, which
designated a neighbor to care for your children.
that you were sent on temporary additional duty (TAD) when the
squadron deployed and should not have been charged with missing
movement.
It was noted that you performed well during the TAD
assignment.

You also allege

There are statements in the record showing that you were
insubordinate and disrespectful on multiple occasions. In
addition, there is no evidence that you provided an updated valid
childcare certificate in July 2002 as directed by the commanding
officer.
According to the chronology, you submitted a leave
request on 14 July 2002 for the purpose of finding someone to
care for your children during deployment because your father
would not be available during the entire period.
subsequently disobeyed an order to provide a certificate prior to
the deployment.
Because the command did not know who would care
for your children, you were sent TAD during the deployment.
Whether or not you should have been charged with missing movement
is irrelevant because you were never received disciplinary action

You

2

for that offense and the remaining offenses were sufficient to
support discharge processing due to commission of a serious
offense.
delayed because of your equal opportunity complaint and the fact
that the squadron was on deployment.
deployment it was decided to process you for administrative
separation.
disrespectful and disobedient and were properly discharged.

The Board concluded that you were insubordinate,

Finally, the Board noted that the imposition of NJP was

Upon the completion of

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
You are entitled to have the
favorable action cannot be taken.
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

Enclosure

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He was released from active duty on 05 January 2001 as an E-3 with

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record he claims his present
_,tatus.
an 
advancement or retention.
He also received a   RE-4 Code which does not
entitle him to join   the reserves or any other branch of service without
special permission from Chief of 

sllbmitted noting significant problems and not recommended for

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correction  of military

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application

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in a reserve

The documentation provided supports that he was given every opportunity

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to review everything pertaining to his
This
command is willing to provide any other documentation necessary and can
proxllde  personnel willing to make formal

statements regarding this issue.

release from active duty.

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

TRG:jdh
Docket No:   5578-01
11 December  2002

This is in reference to your interest, as counsel, in the case of

Enclosed is a letter addressed to
his application has been denied.
transmit the denial letter to him,
your records.

informing him that

It is requested that you
a copy of which is enclosed for

It is regretted that a more

favorable reply cannot be made.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosures

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