DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 4710-01
16 November 2001
Dea
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
15 November 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.
considered your application on
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 24 October 1973 for four years.
record reflects that on 21 February 1974, you were advised by a
command investigator that you were suspected of fraudulent
enlistment, and were advised of your rights.
voluntarily disclosed pre-service arrests for breaking and
entering, being drunk, malicious damage to property, and
shoplifting.
A Defense Investigative Service report showed a
conviction on 23 October 1973 for breaking and entering in the
nighttime and larceny, for which you received two years of
probation.
Thereafter, you
The
On 28 February 1974 you were notified that the command was
considering administrative discharge under other than honorable
conditions by reason of fraudulent enlistment due to failure to
reveal the foregoing civil arrests.
You were advised of your
procedural rights and waived your right to be represented by
legal counsel and present your case to a board of officers.
Thereafter, the commanding officer recommended discharge by
reason of misconduct due to fraudulent enlistment.
1974, the discharge authority directed a general discharge by
reason of misconduct.
You were so discharged on 6 March 1974.
On 4 March
In its review of your application the Board conduct a careful
search of your records for any mitigating factors which might
warrant recharacterization of your discharge.
justification for such a change could be found.
that you were told not to mention your pre-service arrests is
neither supported by the evidence of record nor by any
corroborating evidence in support of your application.
believed that you were fortunate that the discharge authority
directed a general discharge since some individuals who
fraudulently enlist are discharged under other than honorable
conditions.
and no change is warranted.
been denied. The names and votes of the members of the panel will
be furnished upon request.
The Board concluded that the discharge was proper
Accordingly, your application has
Your contention
However, no
The Board
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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