DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL:-RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 02873-08
30 October 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 30 October 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. In addition, the Board considered the
advisory opinion furnished by the Navy Personnel Command dated
8 May 2008, a copy of which is attached.
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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
Your statement did not persuade the Board that you did not
knowingly submit false information, as to the number of your
dependents, in connection with your enlistment. In view of the
above, 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 eng applicant to demonstrate the
existence of probable material erzior or injustice.
Sincerely,
Soe TT I
Executive Dine
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5812
PERS-832B
8 May 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
OF NAVAL RECORDS (BCNR)
Via: PERS/BCNR Coordinator (PERS-31C)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION ON PETITION ICO
Encl: (1) BCNR File 02873-08
(2) Petitioner’s CD Service Record
1. The petition and naval records of subject petitioner have been
reviewed relative to his request for removal; of derogatory material.
2. The review reveals that the petitioner was processed for
fraudulent enlistment and was retained and warned by PERS-832. The
fraudulent enlistment was a significant event and documentation
supporting that event should remain in the record. The maintenance of
that documentation is essential to depict the petitioner’s character
and background. A presumption of regularity attaches to official
records, and the burden of proof is on the petitioner to show
documentary evidence that an error has occurred or an injustice
suffered. The petitioner has provided no such evidence to support
removal of the documents. Therefore, favorable action on this
petition is not recommended.
LANGFORD
Assistant Head and Technical Advisor
Enlisted Performance and Separations
Branch (PERS-832)
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