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

Docket No; 8690-17 
APR 09 2019 

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 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 three­member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 December 2018. 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 and began a period of active duty on 11 October 1978. On 26 October 1978, you were presented to medical with symptoms of sleepwalking. Based on the information currently contained in your record, it appears that you were subsequently processed for administrative separation by reason of fraudulent enlistment. In connection with this processing, you would have acknowledged the separation action and the separation authority would have directed administrative separation. The record shows that on 9 November 1978, you were discharged with an under honorable conditions characterization of service by reason of fraudulent enlistment. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. The Board considered your contentions that you were lied to, you were told you would receive an honorable discharge for sleep walking, and you were unable to read and write very well so had no idea what you were copying or signing. 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 undisclosed symptoms of sleep walking and a prior suicide attempt. The Board noted that you provided no additional evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith. 

The Board in its review discerned no impropriety or inequity in your discharge. 

It is regretted that the circumstances of your 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 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, 

Executive Director