DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 


Docket No.1472-18 
AUG 27 2018 


Dear 


This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of IO USC 1552. After careful and conscientious consideration ofthe entire record, 
the Board found the evidence submitted was insufficient to establish the existence ofprobable 
material error or injustice. Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 9 August 2018. The names and votes ofthe members of the panel will be 
furnished upon request. Your allegations of error and injustice were reviewed in accordance 
with administrative regulations and procedures applicable to the proceedings ofthis Board. 
Documentary material considered by the Board consisted ofyour application, together with all 
material submitted in support thereof, relevant portions ofyour naval record and applicable 
statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in April 1986 after 
denying pre-service illegal drug use. After pre-service illegal drug use was discovered during 
your Defense Investigative Service investigation, non-judicial punishment was imposed on 28 
February 1988 for fraudulently enlisting in the Navy and false official statement. Based on your 
admission, an administrative separation board found you committed misconduct on 4 March 
1988 and recommended your separation with a General characterization of service. You were 
discharged for fraudulent entry on 16 June 1988 with a General characterization ofservice. 

The Board c~refully considered your arguments that your narrative reason for separation should 
be changed to disability based on radiation exposure. You assert that you received radiation 
exposure totaling 25 REM during your period ofactive duty. Unfortunately, the Board disagreed 
with your rationale for relief. First, the Board concluded there was insufficient evidence to 
support your assertion that your radiation exposure totaled 25 REM. The Board relied upon a 15 
March 1988 termination radiation statement from the Navy that shows your.lifetime radiation 
exposure totaled .021 REM. This level shows your exposure level was well below the 
universally acceptable level for lifetime radiation exposure. Second, the Board found no 
evidence that you were unable to perform the duties ofyour office, grade, rank or rating despite 
your assertion that you suffered from radiation exposure. Absent evidence that you were unfit 
for continued naval service due to a qualifying disability, the Board felt you were properly 
discharged for fraudulent entry based on the strong evidence you entered the Navy after 
withholding your pre-service illegal drug use. Based on these findings, the Board found no basis 
to change your record. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 



Executive Director