DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 2875-01
5 September 2001
Dear Mr.
_S’
.
.
#P
r,eference to your application for correction of your
This is in
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 5 September 2001.
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.
to enlistment that you had use PCP over 300 times,
You enlisted in the Marine Corps on 12 February 1988 at age 24.
On 3 March 1988 you admitted to a fraudulent enlistment, stating
that prior
cocaine 150 times and been treated in several psychiatric
hospitals
processed for separation due to fraudulent enlistment.
time you elected to waive your procedural rights.
the separation authority directed an entry level separation and
you were so separated on 14 March 1988.
Based on your admissions, you were
for drug abuse.
At that
Subsequently,
Decisions of the Comptroller General and applicable regulations
state that pay and allowances cannot be paid to an individual
after the discovery of a fraudulent enlistment.
The Board
concluded that you were properly discharged due to fraudulent
enlistment and no pay and allowances are authorized in your case.
Accordingly, your application has been
votes of the members of the panel will
denied.
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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