DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03183-07
20 February 2009
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 18 February 2009. Your allegations of error and
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.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
20 May 2000 at age 31. On 24 January 2003, the Department of the
Navy, Central Adjudication Facility (DON CAF) informed you via
your commanding officer (CO), of their intent to deny your
security clearance due to pre-service adverse financial
information that you failed to disclose when you enlisted in the
Navy. On 14 April 2003, the Commander, Navy Personnel Command
directed your CO to begin administrative discharge action to
separate you from the service due to fraudulent entry as
evidenced by your concealment of your pre-service financial
problems.
On 1 December 2003, administrative discharge action was
initiated. On 8 December 2003 your CO directed your separation
stating, in part, that your chain of command had worked with you
in an attempt to resolve your financial difficulties, but to no
avail. Further, he mentioned that although a waiver request
could have been submitted, you informed the command that it would
be in the best interest of the Navy to be released from active
duty, and that you had no desire to remain in the service.
On 12 December 2003 you were honorably discharged. At that time
you were assigned an RE-4 discharge code. In this regard, an RE-
4 reenlistment code is required when an individual is discharged
due to fraudulent entry.
The Board, in its review of your entire application, carefully
weighed all potentially mitigating factors, such as your overall
record of service and the events that led to your discharge.
Nevertheless, the Board found that these factors were not
sufficient to warrant changing the reason for your discharge or
reenlistment code given the fact that you failed to disclose all
of your pre-service financial records. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have 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.
Sincerely,
lous
W. DEAN E
Executive tor
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