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

Docket No: 9173-18                
Ref: Signature Date 

Dear 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable 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 of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 20 August 2019.  The names and votes of the 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 of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 19 October 1981.  On 18 January 1983, the Naval Investigative Services (NIS) concluded that you committed fraudulent enlistment through deliberate material misrepresentation by presenting false identification thereby concealing your true age and by concealing your marriage and dependency status.  Subsequently, you were notified of pending administrative separation action by reason of fraudulent enlistment.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to fraudulent enlistment and recommended you receive an other than honorable (OTH) discharge.  The discharge authority concurred with the ADB.  On 16 December 1983, you were discharged with an OTH characterization of service. 

The Board carefully considered your request to upgrade your discharge and contention that you need your discharge upgraded in order to become a U.S. citizen.  However, the Board found that this to be an insufficient basis upon which to warrant relief given your fraudulent enlistment.  The Board discerned no material error or injustice in your discharge characterization. 

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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, 


10/7/2019