DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
. WASHINGTON DC 20370-5100 .
SIN
Docket No: 09222-08
7 August 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 4 August 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 Marine Corps and began a period of active
duty on 25 October 1974 at age 24. On 19 May 1975, after it had
been discovered that you were married with two children,
administrative @ischarge action was initiated to separate you by
reason of misconduct due to fraudulent enlistment. You waived
your right to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On 30 May
1975, the discharge authority directed that you receive a general
discharge due to fraudulent enlistment. You-were so discharged
on 5 June 1975.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your family problems.
Nevertheless, the Board found that these factors were not
sufficient to warrant a change in your characterization of
service since you were discharged for misconduct by reason of
Fraudulent enlistment. The Board also noted that you were
fortunate to receive a general discharge since a discharge under
other than honorable conditions is often directed when an
individual is discharged for misconduct. 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 navai
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Ly or
W. DEAN P E
Executive tor
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