DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 12035-10
26 January 2011
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 8 December 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy Reserve on 25 April 1975 and reported to
active duty on 8 May 1975. On 7 July 1976 you were convicted by
civil authorities of rape and sentenced to confinement for a term
of 2 to 10 years.
On 10 March 1977 an administrative discharge board recommended
that you separated from the Navy Reserve with a general discharge
by reason of misconduct due to civil conviction, and you so
discharged on 24 July 1977.
In your application, you are requesting that the date of your
entry on active duty be changed to 25 April 1975, the date of
your enlistment in the Navy Reserve because you believe that you
were on active duty on that date. Since the record clearly shows
that you did not enter active duty until 8 May 1975 there is no
basis for directing corrective action in your case. 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,
Po gluble
Executive cto
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