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Commander T. C. Grzymala, U. S. Navy,
Executive Officer, USS Richmond K. Turner (CG-20)
The Fraudulent Enlistment Caper
As the executive officer of a ship of the line, I have recently witnessed events which have contributed significantly to discrediting our military judicial system and our personnel administration system.
Approximately 11 months ago, a member of the crew told the collateral duty legal officer attached to my ship that he knew the identity of two lower-rated sailors—both with a history of drug abuse—who had recently stolen several hundred dollars and various items of personal property from the staterooms of several of the ship’s officers. The Naval Investigative Service was summoned and, following an investigation, much of the stolen property was recovered. Additionally, an informal one-man investigation, as prescribed by the Judge Advocate General's Manual, was conducted. Based on the findings, the investigating officer opined that the alleged offenders, Seaman Lewis and Fireman Dennis (fictitious names), had committed grand larceny. As prescribed by the Uniform Code of Military Justice, charges were brought against both individuals and a special court-martial was convened to hear each case.
The courts-martial were referred to the expertise of the lawyers at the naval legal service on the base in our home port. As the wheels of military justice gained momentum, Lewis and Dennis slipped away and, after 30 days of unauthorized absence, were declared deserters. A month later the young misfits appeared at the foot of the brow of our warship. Two months of enjoying the mind-blowing treasures of “Eldorado Gold” were obvious.
Both men were summarily delivered to the base correctional center for pretrial confinement to ensure their presence at the pending courts-martial. Apparently during the absence of the two men, their cases were shelved; it took almost two additional months for the first case to be heard. After conferring with his appointed military counsel, Seaman Lewis requested a one- man judge vice a full five-man court-martial.
On the day of his pre-trial hearing, Seaman Lewis claimed that he was a civilian! He told the judge that he had informed his recruiter of previous drug involvement, and his recruiter allegedly told him to “forget it.” Because the recruiter had retired and could not be located, the judge ruled in Lewis’ favor. Instead of facing trial for grand larceny and a lengthy period of unauthorized absence, he was now as free as a bird, with a government- paid ticket home.
Fireman Dennis’ court-martial followed. At his pre-trial hearing he alleged the same story, fraudulent enlistment based on previous drug usage. In this case, however, the recruiter had been located and was present at the pre-trial hearing. The recruiter told the judge that he did not specifically recall Dennis among the thousands of young potential enlistees he had interviewed during this recruiting tour. But he was certain that he would never have permitted such an enlistment to transpire. After careful deliberation the judge ruled, in effect, that “reasonable doubt” existed in his mind about the credibility of a career recruiter vis-a-vis the young delinquent facing a special court-martial.
What these men did was break all the rules, talk nicely to “the judge,” and skip out of a four-year enlistment contract. And the effect these incidents had on the ship was both obvious and immediate. During the month that Lewis and Dennis pulled their caper, 37 others facing courts- martial at the local legal office had their supposed fraudulent enlistments terminated under similar circumstances.
People are our most important asset, and we need quality not quantity.
The people managers in our Navy, particularly in the recruiting commands, must take those steps necessary to put a rapid end to this game. The Fraudulent Enlistment Warning Sheet (NAVPERS 1130/2) that these people were signing apparently counted for nothing. Is is very easy to comprehend why about 50% of boot camp recruits fail to finish their first enlistments. We’re accepting mediocrity at the outset. The whistle should be blown on the military judges who are making these judgments in the sanctity of their hallowed halls. Instead, all such cases should be referred to the Bureau of Naval Personnel for a finding. The fraudulent enlistment caper has been the result of a ruling handed down by the U. S. Court of Military Appeals in the case of United States vs. Russo. Recognizing that our Congress makes the laws of the land it is suggested that our elected officials carefully examine the situation that has resulted from this decision.
We’ve all poured our heart out to our boss, spouse, chaplain, or kid and asked, “Right?” only to be told, “I’m sorry, I wasn’t listening. ” Nobody listens any more. But a few do read. If nobody seems to care what you think about anything, perhaps you ought to contribute to “Nobody asked me, but ..."
Maybe what you have been saying isn’t worth listening to. But, if it is, we may print it and pay you $50.00. If it isn’t, you’ll feel better for having got it off your chest.
We, the Navy, particularly the fleet, can ill afford the time and money it costs, particularly in these austere, voluntary enlistment days, to allow the fraudulent enlistment caper to continue unabated.