DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 01114-09
8 December 2009
This is in reference to your application for correction of your
late brother’s 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 1 December 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 late brother’s 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
Guty on 3 July 1974 at age 18. On 15 July 1974, you received
nonjudicial puhishment (NJP) for unauthorized absence. As a
result of a background investigation, it was discovered that you
failed to disclose your prior undesirable service in the Army.
You signed a sworn statement that you served with the Army from
May to, December 1967, and you received an undesirable discharge.
Further, you stated that your Navy recruiter was made aware of
your service in the Army. As a result of your failure to
disclose this information, your commanding officer (CO) initiated
administrative discharge action by reason of misconduct due to
fraudulent entry. Subsequently, you waived your rights to submit
a statement or present your case to an administrative discharge
board (ADB).
On 20 September 1974, your CO recommended that you be discharged
for misconduct due to fraudulent enlistment with an undesirable
discharge. In his recommendation, the CO stated, in part, that
although you alleged you informed your recruiter of your prior
service in the Army, you signed an official document stating that
you had no prior service, knowing that any concealment of
information on enlistment documents would be grounds for
discharge by reason of fraudulent enlistment. Your case was
reviewed and found to be sufficient in law and fact to support
processing for fraudulent enlistment. On 13 November 1974, the
discharge authority directed that you be discharged by reason of
fraudulent enlistment with an undesirable discharge. You were so
discharged on 20 November 1974.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge due to your fraudulent enlistment and
misconduct that resulted in NUP. The Board noted you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. 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,
W. DEAN PF
Executive or
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