DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6112-01
3 October 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
hl.r,:
(a) Title 10
U.S.?. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
filed an application with
former enlisted member of the Navy,
this Board requesting that his record be corrected to show that
he was not charged with two periods of lost time in 1999.
The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.
2.
Pauling, reviewed Petitioner's allegations of error and injustice
on 1 October 2002 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
The Board, having reviewed all the facts of record pertaining
3.
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner enlisted in the Navy for four years on 30
January 1996 at age 17.
nonjudicial punishment for an unauthorized absence of about six
days and missing ship's movement.
On 31 October 1997, he received
d.
Petitioner subsequently,
committed other offenses and it
A special court-martial convened on 15 July 1999 and
appears that he was placed in pretrial confinement on 11 June
1999.
convicted him of unauthorized absences from 11 January 1999 to 26
The court
January 1999, and from 11 March to 11 June 1999.
sentenced him to a reduction to pay grade E-l, confinement at
He was
hard labor for 30 days and a bad conduct discharge.
released from confinement on 8 August 1999 and began appellate
leave on 10 August 1999.
The bad conduct discharge was issued on
7 February 2001.
e.
Petitioner contends that the period of lost time from 5
The record
the USS NIMITZ (CVN 68) reported
to 24 February shown on his DD Form 214 is in error.
shows that on 26 February 1999,
that Petitioner was an unauthorized absentee from 5 February to
25 February 1999.
However, the NIMITZ was apparently unaware
that on 5 February 1999, the Naval Medical Center, Portsmouth, VA
sent a message reporting that Petitioner was on board and
The
retained in the medical holding company for treatment.
record shows that he reported aboard the NIMITZ on 25 February
1999.
At the 15 July 1999 special court-martial, Petitioner was
initially charged with unauthorized absence from 5 February 1999
to 25 February 1999.
prejudice.
However, this charge was dismissed without
f.
Petitioner is also requesting removal of the lost time
from 11 June to 15 July 1999.
He contends, in effect, that he
should not have been charged with lost time because he was in a
restricted status during this period and not in pretrial
confinement.
CONCLUSION:
Concerning the lost time from 5 February to 25
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action.
February 1999, it is clear that he was undergoing medical
treatment at the Medical Center during that period and the NIMITZ
was unaware of this fact until at least 25 February 1999.
Additionally, the charge of unauthorized
was dismissed without prejudice at the 15 July 1999 special
court-martial.
should be corrected by removing that period of lost time from his
record.
Therefore, the Board concludes that the record
abs'ence for that period
There is no evidence in the record, and Petitioner has submitted
none, to support his contention that he was in a restricted
status and not in pretrial confinement during the period 11 June
to 15 July 1999.
The Board notes that the period 11 June to 15
July 1999 is consistent with a period of pretrial confinement
that is properly charged as lost time, given the subsequent
court-martial conviction on 15 July 1999.
concludes that a removal of this period of lost time is not
warranted.
Therefore, the Board
RECOMMENDATION:
That Petitioner's naval record be corrected by removing from
a.
the record any documentation showing the period of lost time from
2
5 to 24 February 1999.
That his request for removal of the period of lost time from
b.
11 June to 15 July 1999 be denied.
That any material or entries inconsistent with or relating to
C .
the Board's recommendation be corrected,
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.
removed or completely
That any material directed to be removed from Petitioner's
d.
naval record be returned to the Board,
of Proceedings, for retention in a confidential file maintained
for such purpose, with no cross reference being made a part of
Petitioner's naval record.
together with this Report
It is certified that a quorum was present at the Board's
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
74
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
3
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