DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 5540-07
31 January 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 29 January 2008. 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.
On 14 March 1983, enlistment documents were completed in which
you disclosed civil offenses and indicated a charge of
trespassing was dismissed. On 13 April 1983, you enlisted in the
Navy at age 25. On 29 April 1983, you were granted a pre-service
drug abuse waiver. On 22 August 1983, you were notified that you
were suspected of not disclosing all of your civil offenses prior
to enlistment, specifically, possession of marijuana. At that
time you stated that prior to enlistment you were charged with
possession of marijuana, and you believed that you did not have
to disclose this since that charge was dismissed. On
22 August 1983, your commanding officer initiated administrative
separation by reason of defective enlistment due to fraudulent
entry, and recommended a general discharge. In connection with
this processing, you acknowledged the separation action and did
not object. On 7 September 1983, the separation authority
approved the separation recommendation and directed a general
discharge by reason of defective enlistment due to fraudulent
entry. On 6 October 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and admission that you did not mention the charge of possession
of marijuana during the enlistment processing because the charge
was dismissed and not a matter of local record. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant changing the reason for separation since your record
clearly shows that during the enlistment processing you disclosed
another civil offense that was dismissed, but failed to disclose
possession of marijuana charges that were also dismissed.
Furthermore, a waiver for pre-service drug use does not excuse
your failure to disclose all pre-service criminal involvement.
Therefore, the Board concluded that the discharge was proper as
issued and no change is warranted. 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, ,
Dus
W. DEAN P
Executive\Dirdéctor
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