DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00453-10
22 September 2010
“iN acall
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 September 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 on 26 January 1976, at the age of 20.
On 13 April 1977, you received nonjudicial punishment (NUP) for
using disrespectful language toward a chief petty officer. On
15 July 1977, you received NUP for being absent from your
appointed place of duty, being disrespectful toward and
disobeying a superior commissioned officer, two incidents of
contempt and disrespect toward a superior petty officer, and
disobeying a lawful order. On 28 July 1977, you were notified
that you were being administratively separated with a general
discharge for fraudulent enlistment based on your background
investigation which was conducted for your Radioman rating, which
disclosed that you failed to provide prior service eivil
convictions, and that you would receive a reenlistment code of
RE-4. You were so discharged on 31 August 1977.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service, or
reenlistment code given your record of two NUP’s and fraudulent
enlistment. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct and failed to disclose such
vital information as pre-service civil convictions. 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 reqonsider 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
Executive D
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