DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3854-01
4 October 2001
.-
Dear-
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
3 October 2001.
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.
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.
You enlisted in the Navy on 17 May 1999 for four years.
At that
time, you extended your enlistment for an additional period of 12
months in exchange for the training in the Construction Mechanic
(CM) Guarantee Program.
The record reflects that on 7 January 2000, while at CM
School, you made a statement to the effect that after failing an
entrance examination for enlistment,
you paid another individual
$100 to retake the test for you.
unable to enter recruit training until May 1999 because up until
then, you were still learning English.
You noted that it took
you five months instead of the normal nine weeks to complete
recruiting training because of a problem reading and taking
tests.
You claimed that you were
"AV'
On 20 January 2000 you were notified that you were being
processed for discharge by reason of fraudulent entry.
advised of your procedural rights and that the least favorable
characterization of service would be a general discharge.
declined to consult with legal counsel or submit a statement in
You
You were
your own behalf, and waived the right to have the case reviewed
Thereafter,
by the general court-martial convening authority.
the discharge authority directed a general discharge by reason of
He stated that the Navy had invested consider-
fraudulent entry.
able time and resources based on the belief that your test scores
were valid.
your inability to comprehend English at a level necessary to
succeed, and you were dropped from CM
general discharge on 4 February 2000 and were assigned an RE-4
reenlistment code.
However, your performance to date clearly showed
"A" school.
You received a
However,
The Board
In its review of your application the Board conducted a careful
search of your record for any mitigating factors which might
warrant a recharacterization of your general discharge.
no justification for such a change could be found.
noted the letter you wrote to the governor of your state in which
you claim that you were unable to complete training because of
serious family problems at home.
determining what your true statement is,
the governor of your state or the one you made while at the
service school.
your discharge through fraud.
individuals who obtain separation through fraudulent means.
Board concluded that the obtaining an enlistment or discharge by
fraudulent means does not constitute fully honorable service.
Regulations require the assignment of an RE-4 reenlistment code
to individuals separated by reason of fraudulent entry.
The
Board thus concluded that the discharge and reenlistment code
were proper and no changes are warranted. Accordingly, your
application has been denied.
of the panel will be furnished upon request.
If that statement was untrue, then you obtained
The Board is not sympathetic to
The names and votes of the members
The Board has no way of
the one you are made to
The
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the 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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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