DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 07481-08
22 December 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Bureau of Naval Personnel memo 5420 BUPERS-3 of
30 Oct 08
(3) MILPERSMAN 1220-300
1. Pursuant to the provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show restoration of Petitioner’s Navy
Enlisted Classification Code (NEC) of 5335 (Senior Explosive
Ordnance Disposal Technician) .
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George, reviewed Petitioner’s allegations of error and injustice
on 15 December 2008 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies. The
Board also considered an Advisory Opinion furnished by the
Bureau of Naval Personnel attached as enclosure (2) that
recommended no relief be granted.
3. The Board, having reviewed all the facts of record
pertaining 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.
Docket No. 07481-08
b. In 2004, Petitioner was assigned to the Explosive
Ordnance Disposal (EOD) Mobile Unit Eleven, Whidbey Island,
Washington, as a senior EOD technician. In August 2004,
Petitioner was forward deployed to Iraq for six months as the
Leading Petty Officer/Team Leader for his EOD detachment. See
enclosure (1).
c. U.S. Central Command General Order #1, governs the
policy for “war trophies” and prohibits the misappropriation of
weapons or any part of a foreign-made weapon, as well as unit
“war trophies”. Additionally, Petitioner’s immediate command
prohibited the misappropriation of “war trophies”. See enclosure
(1).
d. Upon his return from Irag, on 5 February 2005,
Petitioner was arrested by the =i IRE
Police. Evidence showed that he had illegally imported a fully
functional automatic weapon (AK-47) to the United States and
attempted to sell it at a @gpepeaeapgee gun show.
e. On 9 May 2005, after consulting with counsel,
Petitioner accepted non-judicial punishment (NJP) for failure to
obey a lawful order or regulation, larceny, and wrongful
disposition of military property. As punishment, he was reduced
in rate to E-5. At the time of his offense, he had over 14
years of experience in the US Navy.
f. Petitioner’s commanding officer at the time, URI
eas also recommended that Petitioner’s NEC of 5335 be
removed administratively due to his loss of confidence in
Petitioner's trustworthiness and reliability. Cen
believed that Petitioner had lost his ability to exercise the
integrity required to handle arms, ammunitions, and explosives,
in the line of duty as an EOD technician. At the time, ar
included a provision in the recommendation that stated
“the member may not reapply for reinstatement for duty
Diver/EOD/SEAL/ SWCC/UCT commands.” See enclosure (3).*
1 pursuant to MILPERSMAN 1220-300, recommendations to revoke NEC(s) shall
include one or more of the following statements: (a) The member is considered
suitable for assignment to rate or rating billets not requiring NEC [5335].
The member is suitable/unsuitable for duty in Diver/EOD/SEAL/UCT commands,
(b) The member may reapply for reinstatement of NEC [5335]after completing at
least 2 years assigned to a non-NEC billet, or (c) The member is considered
unsuitable for reassignment and will be recommended for administrative
discharge by separation action.
Docket No. 07481-08
g. In accordance vith ——_———e—egpupie request and
recommendation, BUPERS removed Petitioner’s NEC in May 2005.
Petitioner was subsequently transferred to submarine duty.
h. In June 2007, over two years after the NEC was removed,
Petitioner administratively requested restoration of his NEC.
To support his request, Petitioner included a favorable
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