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

Docket No: 5829-20 
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. 

A three-member panel of the Board, sitting in executive session, considered your application on 1 March 2021.  The names and votes of the panel members 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 the 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, and applicable statutes, regulations, and policies.
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
You enlisted in the Navy on 23 November 1994.  You were discharged from the Navy on 22 August 1996 due to a fraudulent entry and you were assigned a general (under honorable conditions) characterization of service. 
 
The Board carefully considered your contentions.  In your petition, you contend that the conditions regarding your discharge were circumstantial and unreasonable. You also contend that you were misinformed and did not understand the waiver.  You stated that you felt as though you were provided misleading information by the enlisted legal petty officer and that you were not afforded the rights you should have should have been to remain enlisted and to allow you the capability to obtain an honorable discharge. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board noted that the documents pertinent to your administrative separation are not available in your official military personnel file. Under these circumstances, the Board applies a presumption of regularity. In your case, where you had fewer than two years of service in the Navy, and you received a general characterization of service, it appears that you were administratively separated by way of notification procedure. Under this procedure, you did not have a right to an administrative discharge board, and the lowest characterization of service that you could be assigned would be general, and not under other than honorable conditions. Further, the Board noted that there is no evidence of, and you did not provide any, that that there was any irregularity in your administrative processing from the Navy. Rather, your contentions are vague and not supported by evidence. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.

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