DEPARTMENT OF THE NAVY
BOARD FOR-CORRECTION- OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01417-13
15 January 2014
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 14 January 2014. 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 ail 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
22 January 1981. Your record is incomplete, however, on
3L August 1981, you received nonjudicial punishment (NJP) for six
days of unauthorized absence. You received restriction, extra
duty and a suspended forfeiture of pay. Additionally, it appears
that your commanding officer initiated administrative discharge
action by reason of fraudulent entry based on your Certificate of
Release or Discharge from Active Duty (DD Form 214). Your case
was forwarded and on 13 January 1982, you were discharged by
reason of fraudulent enlistment with a general discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your apparent fraudulent enlistment and NUP.
Accordingly, your application has been denied. The names and
votes of the members of the panel wiil 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,
ee 2, Soa
MAN
ROBERT D.
Acting Executive Director
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