DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
‘Docket No: 8232-13
5 September 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 4 September 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 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 and began a period of active duty on 28
October 1976. You received nonjudicial punishment for the
wrongful possession of marijuana. Your command discovered that
you had failed to disclose two civil convictions of burglary and
assault and battery during the enlistment process. You were
then notified that you were being administratively separated due
to fraudulent enlistment with a type warranted by service record
characterization of service. On 2 March 1977, you received a
general characterization of service discharge due to fraudulent
enlistment.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and .
current desire to upgrade your discharge. However, the Board
concluded that your application should be denied due to your
misconduct. The Board believed that you were fortunate to
receive a general characterization of service, since Sailors who
have committed misconduct normally receive other than honorable
discharges. You are advised that no discharge is automatically
upgraded due merely to the passage of time or post service good
conduct. 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,
ROBERT J. O'NEILL
Executive Director
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