DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2701-14
12 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
active duty Navy first class petty officer, filed enclosure (1)
with this Board requesting the removal of document ID #35141156
(administrative discharge case file) for failure to disclose
pre-service treatment for alcohol abuse from her official
military personnel file (OMPF).
2. The Board, consisting of Mr. Ivins, Mr. Sproul, and
Ms. Tollefson, reviewed Petitioner's allegations of error and
injustice on 11 June 2014 and, pursuant to its regulations,
determined that the limited 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.
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.
b. On 20 January 1999, a message from Commander, Navy
Personne] Command (NPC) was forwarded to Petitioner’s command
indicating she may have fraudulently enlisted by failing to
disclose her pre-service treatment for alcohol abuse. It
directed the command to investigate and initiate administrative
discharge processing, or request a waiver. On 15 January 1999, a
request for waiver of administrative processing was forward to
NPC. On 29 January 1999, an NPC message directed that her
command prepare a page 13 counseling/warning stating that she was
being retained in the Navy despite her defective enlistment and
induction due to fraudulent entry as evidenced by her failure to
disclose pre-service treatment for alcohol abuse.
d. Petitioner states that she disclosed her driving under
the influence (DUI). conviction and alcohol awareness classes on
her original Questionnaire for National Security Positions
(Standard Form (SF) 86) prior to enlistment and therefore
believes the fraudulent enlistment never occurred. The SF 86
also reveals pre-service wrongful use of marijuana.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
review of her SF 86, the Board concludes that her request
warrants partial favorable action in the form of relief.
After careful and conscientious consideration of the entire
record, the Board concludes that by her disclosing her
pre-service DUI, five day alcohol awareness class and wrongful
use of marijuana in her SF 86, which she received a waiver for,
she most likely would have been granted a waiver for her pre-
service treatment for alcohol abuse. The Board finds that her
SF 86 should remain in her OMPF because she admitted pre-service
misconduct in her security clearance request. The Board notes
that she has served over 16 years without any disciplinary
infractions or alcohol related incidents. The Board finds that
the message traffic R'-2018352 JAN 99 ZYB and R 2918282 JAN 99 ZYB
associated with document ID #35141156 should be removed from her
OMPF in light of her retention on active duty. In view of the
above, the Board directs the following limited corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the message traffic R 2018352 JAN 99 ZYB and R 2918282 JAN 99 ZYB
associated with document ID #35141156.
b. That no further relief be granted.
c.. That any material or entries inconsistent. with or
relating to the Board’s recommendation be corrected, removed or:
‘completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
dad. That any material direct to be removed from Petitioner’s
naval record be returned to this Board, together with a copy of
this Report 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.
4, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c) it is certified that a quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
ROBERT D. 2SALMAN BRIAN J. enone
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, 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.
es fan
_ ROBERT D. MAN
Acting Executive Director
NAVY | DRB | 2012_Navy | ND1200198
DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. Relief granted.Summary: After a thorough review of the available evidence, to include the Applicant’s summary of service, record entries, and discharge process, the Board found Therefore, the awarded characterization of service shall but the narrative reason for separation shall change to SECRETARIAL AUTHORITY.The Applicant remains eligible for a personal appearance hearing...
NAVY | DRB | 2007_Navy | ND0700027
ex-SN, USNND07-00027Current Discharge and Applicant’s Request: Application Received: 20061012Characterization of Service: Reason for Discharge: - due toDischarge Authority: MILPERSMAN1910-134Duty Assignment/Command at Discharge: USS ENTERPRISE (CVN 65) HP: NORFOLK, VAApplicant’s Request: Characterization change to: Narrative Reason change to: EARLY SEPARATION FOR EDUCATION Review Requested: Representation:Issues (as summarized by NDRB): 1. Elements of Discharge: [INVOLUNTARY] Date...
NAVY | BCNR | CY2002 | 01732-02
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, and the record of the two previous reviews of your application by the Board. In addition, the Board considered an advisory opinion furnished by the Director, Naval Council of Personnel Boards dated 1 May 2002, a copy of which is attached. An SNMHAS record entry dated 12 August 1987 indicates...
AF | BCMR | CY2004 | BC-2002-03493
She asserted she did not tell her recruiter or report her drug use on her security form because she felt she would not be able to enlist in the Air Force. A 1 Dec 00 medical entry reported the applicant presented with upper back pain after carrying her backpack, apparently on her left side. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded her general discharge for fraudulent enlistment should be changed to an honorable discharge for...
NAVY | DRB | 2006_Navy | ND0600228
[Extracted from Commanding Officer’s Ltr, dtd April 19, 2005].050112: Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to drug abuse.050112: Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.050122: COMCARSTRKGRU...
NAVY | DRB | 2009_Navy | ND0900764
The Applicant did not provide any other documentation or evidence for consideration regarding her adverse financial information.The Board determined a change to the Narrative Reason for Separation was not warranted.After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : If you believe that the...
NAVY | BCNR | CY2000 | 07679-00
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a reason for discharge other than fraudulent enlistment. Accordingly, the Board recommends that Petitioner’s reason for separation be changed to erroneous enlistment instead of fraudulent enlistment. In view of the foregoing, the Board finds the existence of an injustice warranting the...
AF | DRB | CY2007 | FD2007-00003
MI) 20762-7W2 Previous edition will be used 1 1 I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2007-00003 GENERAL: The applicant appeals for upgrade of discharge to honorable. The applicant received an Article 15 for disobeying a lawful order by driving on an Air Force installation while under suspended driving privileges and for fraudulently obtaining base housing. DAS: 21 Aug 03. b.
NAVY | BCNR | CY2009 | 07900-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS. Pursuant to the provisions of reference (a), Subject, / hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected to show that she was discharged for a reason other than fraudulent entry, and that she be assigned a reentry code that will permit her to reenlist. She reported a history of sensitive skin and treatment by a dermatologist when she was a child.
AF | DRB | CY2002 | FD2001-0468
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAMF. A94.43 A69.00 J | ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF NOTIFICATION CASE NUMBER 4 | BRIEF OF PERSONNEL FILE FD2001-0468 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL. On 3 May O01, after consulting military legal counsel, the respondent submitted a conditional waiver of her rights to a board hearing contingent upon receiving no less than an honorable discharge.