DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 3550-07
28 August 2008
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 26 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
regulations
Board.
your application,
thereof, your naval record and applicable statutes,
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 2 April 1990 at age 22. In the
preservice documents you failed to disclose treatment for a
mental condition and preservice drug abuse. On 24 October 1990
you received nonjudicial punishment for a short period of
unauthorized absence.
On 28 June 1991, the Navy Central Adjudication Facility advised
you that you were ineligible for a security clearance due to
disqualifying information. It was noted that you were admitted
to a psychiatric ward on 14 August 1989 and were released on 29
August 1989 with a diagnosis of Schizophreniform Disorder and
habitual or episodic use of intoxicants to excess, illegal or
improper use, possession, transfer or addiction to any controlled
or psychoactive drugs. In an interview on 14 September 1990 you
admitted to consuming 6 to 15 beers daily and using marijuana on
a weekly basis. You further admitted to lying under oath to the
Defense Investigative Agency about the extent of your marijuana
use because you were afraid you would not be given a security
clearance.
Based on the foregoing record, you were processed for an
administrative discharge. On 27 November 1991, the discharge
authority directed a general discharge by reason of fraudulent
enlistment and you were so discharged on 27 November 1991.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your desire to serve and
contention, in effect, that your recruiter told you to lie about
your preservice drug usage and mental illness, and you believed
you should continue to lie in your application for a security
clearance. The Board found that these factors and contention
were not sufficient to warrant recharacterization of your
discharge given your admitted concealment of mental illness and
drug and alcohol abuse. It is clear that individuals who have
been denied a security clearance cannot serve in the Navy.
The Board concluded that the general discharge by reason of
fraudulent enlistment was proper as issued and no change is
warranted.
Regulations require the assignment of an RE-4 reenlistment code
when an individual is discharged because of a fraudulent
enlistment. Therefore, you have been treated no differently than
others in your situation.
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,
ly ea 6 i
W. DEAN PFE
Executive D tor
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