DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
° WASHINGTON DC 20370-5100
SJN
Docket No: 04896-09
19 January .2010
This is in reference to your application for correction of your |
naval record pursuant to the provisions of title 10, United enn
States Code, section 1552. ae
A three-member panel of the Board for Correctio#’Sof Naval
Records, sitting in executive session, considered your
application on 12 January 2010. 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 Navy and began a period of active duty on
23 November 1992 at age 20. Based on the information currently
contained in your record it appears that as a result of a
background investigation, it was discovered that you failed to
disclose all of your pre-service police record. 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. Subsequéntly, you elected
to consult with legal counsel and requested an administrative
discharge board (ADB). On 20 May 1993, an ADB found that you had
fraudulently enter into the Navy and recommended separation under
honorable conditions. On 9 June 1993, your CO concurred with the
ADB recommendation and forwarded your case to the discharge
authority for review. On 25 June 1993, the discharge authority
directed that you be discharged by reason of fraudulent
enlistment with a general discharge. You were so discharged on
20 July 1993. At that time you were assigned a RE-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that your characterization of service would
be upgraded after one year. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of his discharge or a change in your reenlistment code due to
your failure to disclose your pre-service involvement with civil
authorities. Finally, an RE-4 reenlistment code must be assigned
to all Sailors discharged due to fraudulent entry, and you are
advised that there is no provision in law or Navy regulations
that allow for recharacterization automatically after one year
or due solely to the passage of time. 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 PFE R
Executive Di tor
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