DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02757-09
8 January 2010
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 16 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 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 Yow. e Listed an -the Navy and began a period of active duty on
3 December 2002 at age 33. On 20 December 2007, you were the
subject of a joint investigation by Immigration and Customs
Enforcement (ICE) and the Diplomatic Security Service (DSS). You
were suspected of being a Visa overstay as well as having
provided a false statement in the application and use of a.
passport and making fraudulent and false statements. As a result
of your pending indictment in United States District Court, your
commanding officer initiated administrative discharge action by
reason Of fraudulent entry as evidenced by your inability to
establish U.S. citizenship. On 7 October 2008, the commanding
officer recommended that you be separated with a general
discharge under honorable conditions due to fraudulent
enlistment. On 31 October 2008, the separation authority
directed an honorable discharge by reason of fraudulent
enlistment. You were so discharged on 14 February 1973. At that
time, you were assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your overall record of service. However, the Board found that
these factors were not sufficient to warrant changing your
reenlistment code given the fact that you failed to establish
your U.S. citizenship and the pending charges in U.S. District
Court. Finally, an RE-4 reenlistment code must be assigned to
all Sailors discharged due to fraudulent entry into the military.
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,
\
Depa’
Executive Di r
NAVY | BCNR | CY2014 | NR5350 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2015. 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. 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...
NAVY | BCNR | CY2007 | 03845-07
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 Navy on 25 July 2000 at age 19. Because you requested discharge in lieu of trial,...
NAVY | BCNR | CY2002 | 00870-01
870-01 24 January 2002 Dear Mr.- This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 16 January 2002. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 3...
NAVY | BCNR | CY2009 | 07663-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2010. 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. You waived your right to an administrative discharge board (ADB).
NAVY | BCNR | CY2007 | 06477-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 2008. 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. As a result of concealing your pre-service homosexual activities, you were notified of pending administrative separation action by reason of...
NAVY | BCNR | CY2011 | 07727-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considere@a your -application on 2 August 2011. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change of...
NAVY | BCNR | CY2001 | 02935-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2001. injustice were reviewed in accordance with administrative regulations and procedures applic:able 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. At this time...
NAVY | BCNR | CY2007 | 08019-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 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,...
NAVY | BCNR | CY2007 | 02908-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2008. Subsequently, your commanding officer also recommended a general discharge by reason of misconduct due to a pattern of misconduct as evidenced by five NJPs, pre-service misconduct, and psychiatric problems. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 05157-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...