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

Docket No. 7519-18 
Ref: Signature Date 

Dear   ,

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 May 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 and applicable statutes, regulations and policies.  

A review of your record shows that you entered active duty with the Marine Corps on 29 July 1976.  Non-judicial punishment was imposed on you for unauthorized absence and an orders violation on 26 July 1978 and again on 7 Feb 1979 for unauthorized absence.  On 11 July 1979, you were notified of administrative separation processing for fraudulent enlistment after it was discovered you failed to disclose pre-service arrests for marijuana possession and breaking and entering.  You were medically cleared for separation on 19 July 1979 and discharged the next day with a General characterization of service for fraudulent enlistment.  The Naval Discharge Review Board denied your request for an upgrade on 14 May 1981 based on your allegation of recruiter misconduct. 

The Board carefully considered your arguments that you deserve a disability discharge and upgrade to your characterization of service.  You assert that you were supposed to receive an Honorable disability discharge due to facial scarring.  Unfortunately, the Board disagreed with your rationale for relief.  The Board found no evidence in your record to support your assertion you were being processing through the Disability Evaluation System for a disability condition.  As previously discussed, you were processed for fraudulent enlistment based on the discovery of undisclosed preservice arrests.  This was conclusive evidence to the Board that your narrative reason for separation was properly issued and remains correct.  Further, the Board considered your two non-judicial punishments in approximately three years of service and concluded this misconduct was sufficient to support a finding that your service, though generally positive, honest and faithful, was outweighed by significant negative aspects documented by your non­judicial punishments.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record. 

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, 


6/4/2019