DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 5438-11
28 February 2012
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 28 February 2012. 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 reenlisted in the Navy on 25 July 1983 after more than five
years of prior honorable service. You received nonjudicial
punishment (NJP) for absence from your appointed place of duty.
During 1987, it was determined that during your initial
enlistment, you had failed to disclose that you had been
convicted by civil authorities of assault, resisting arrest,
disorderly conduct, attempted murder, criminal possession of a
dangerous weapon, and rape. You were then notified that your
commanding officer was recommending you for administrative
separation with an honorable characterization of service
discharge due to fraudulent entry. You waived your procedural
right to an administrative discharge board (ADB). On 26 June
1987, you received an honorable characterization of service
discharge due to fraudulent entry, and were assigned an RE-4
(not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your prior honorable
service. However, the Board concluded that your narrative
reason for separation (fraudulent entry) should not be changed
due to your failure to disclose your civil convictions. The
Board particularly noted that you waived the right to an ADB,
your best opportunity for retention. The Board believed that
you were fortunate to receive an honorable characterization of
service, since a general characterization would normally be
assigned due to your NUP. In view of the above, 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,
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