DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS  
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                
Docket No: 6325-18 
Ref: Signature Date 
  
Dear  
 
This letter 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 that 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 14 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 and began a period of active duty on 22 June 1992.  On 14 July 1992, you were notified that you were being processed for administrative separation by reason of fraudulent entry as evidenced by your failure to disclose your preservice police record on your enlistment documents, at which time you waived your right to consult with legal counsel.  The discharge authority directed discharge with an uncharacterized entry level separation by reason of fraudulent entry.  On 20 July 1992, you were discharged and issued a DD Form 214. 
 
The Board carefully considered your request to upgrade your discharge and contention that, according to the established separation policy adopted 1 October 1982, an uncharacterized entry-level separation does not warrant a discharge certificate and you were issued a DD Form 214 so your discharge should be considered honorable.  Applicable regulations authorize an uncharacterized entry level separation if the processing of an individual’s separation begins within 180 days of the individual’s entry on active service.  Although the National Personnel Records Center letter states that members who receive an entry level separation do “not receive a discharge certificate” this is not a reference to the DD Form 214 (Certificate of Release or Discharge from Active Duty), but rather to DD Form 256 (Honorable Discharge Certificate) or DD Form 257 (General Discharge Certificate).  Accordingly, the Board, in its review, discerned no probable material error or injustice in your discharge. 
 
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.