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NAVY | BCNR | CY1999 | 05083-98
Original file (05083-98.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY ANNEX

WASHINGTON DC 203704100

TRG
Docket No: 5083-98
13 April 1999

Dear Mr.  

w---:

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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 April 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
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.

Your allegations of error and

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.

The Board found that you enlisted in the Navy on 13 November 1985
at age 22.
On 16 December 1985, the Defense Investigative
Service reported that you had a preservice criminal record.
However, for some reason no action was taken at that time.
November 1986 you received nonjudicial punishment for larceny.

On 10

An investigation dated 26 March 1987 concluded that you had
concealed a preservice felony conviction,
made against your recruiter could not be substantiated.
June 1987 you were notified of separation processing by reason of
fraudulent enlistment due to your concealment of arrests for
indecent exposure, petty theft, burglary and forgery. In
connection with this processing you elected to waive your right
to have your case heard by an administrative discharge board. On
10 August 1987 the discharge authority directed a general
discharge.

You were so discharged on 10 August 1987.

and the charges you had

On 12

In its review of your application the Board carefully weighed all
potentially mitigating factors,
contention, in effect, that your discharge was improper.
Board found that these factors and contentions were not
sufficient to warrant recharacterization of the discharge given

such as your youth and

The

the documentation of record which shows that you fraudulently
enlisted.
issued and no change is warranted.

The Board concluded that the discharge was proper as

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

2



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