DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00464-12
25 October 2012
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 24 October 2012. Your allegations of error and
injustice were reviewed jin 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 Marine Corps and began a period of active
duty on 22 September 1977. On 20 March 1978, you received
nonjudicial punishment (NJP) for disobeying a lawful written
order by having possession of alcohol in the barracks. On 3
April 1978, you commenced a period of unauthorized absence (UA)
that lasted 36 days. Your chain of command determined not to
take any disciplinary action against you. It was discovered
that in your in processing paperwork, you documented that you
had completed the tenth grade. However, official documentation
received from your school showed that you only completed the
ninth grade. On 28 November 1978, you were advised that your
commanding officer was recommending you for administrative
separation with a general discharge due to fraudulent
enlistment. You waived all of your procedural rights. On 29
November 1978, your commanding officer forwarded his
recommendation that you be discharged with a general
characterization of service by reason of misconduct (fraudulent
enlistment). On 30 November 1978, the discharge authority
directed a general discharge by reason of misconduct (fraudulent
enlistment). On 1 December 1978, you were SO discharged. 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 youth. However, the Board found that these factors were
not sufficient to warrant any change in your character of
service, separation code, or date of discharge, given your
record of one NUP for misconduct, 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. The Board found that your dates er
service are correct. 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,
(See
ROBERT D ZSALMAN
Acting Executive Director
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