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


Docket No: 4 789-16 
DEC 15 2016 

This is in reference to your application for correction ofyour naval record pursuant to the provisions of title 10 of the United States Code, section 1552. 

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 three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 13 July 2016. The nai:nes 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, your naval record, and applicable statutes, 
regulations, and policies. 

You enlisted in the Marine Corps and began a period ofactive duty on 20 September 1972. On 28 November 1972, you were suspected of a fraudulent enlistment due to your concealment of your prior enlistment in the United States Army, which you received an other than honorable (OTH) discharge. As a result, you were notified ofadministrative separation by reason of fraudulent enlistment, at which time you waived your right to consult with counsel and to present your case to an administrative discharge board (ADB). Although the separation documentation is not in the record, it appears you were processed for administrative separation by reason of fraudulent enlistment with an OTH discharge. On 11 December 1972, you were so discharged. 

The Board, in its review of your record and application, carefully weighed all potentially mitigating factors, such as your desire to change your characterization of service and assertion that your discharge from the United States Army was upgraded. Regarding your assertion, the Board noted there was no evidence in your record and you did not provide none to support your assertion. Nevertheless, based on the information contained in your record, the Board concluded these factors were not sufficient to warrant relief in your case given your documented fraudulent entry as evidenced by your failure to disclose your prior enlistment in the United States Army. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 of probable material error or injustice. 

Sincerely, 

Executive Director