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

Docket No: 9049-18                                                                                                
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 4 December 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You fraudulently enlisted in the Navy and began a period of active duty on 10 November 1951.  On 22 January 1952, after being advised of your rights, concerning making a voluntary statement, you submitted a voluntary statement in which you stated that, at the time of your enlistment, you failed to inform the recruiting officer of your true date of birth, true name, and police record.  As a result, you were recommended for administrative action to separate you from the naval service by reason of fraudulent enlistment.  An discharge board determined that you had concealed your true name, date of birth, and criminal record from your recruiter at the time of your enlistment and recommended administrative separation by reason of fraudulent enlistment.  The separation authority approved and directed administrative discharge by reason of fraudulent enlistment with an other than honorable (OTH) characterization of service.  On 12 May 1952, you were so discharged after approximately six months of active duty service. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  The Board considered your assertion that you truly wanted to serve, but that you had “other problems” and were “16 years old at the time.”  However, the Board concluded that your mitigating factors were insufficient to warrant relief in your case given your documented fraudulent entry as evidenced by your failure to disclose your identity and police record. 
 
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. 
 
 Sincerely,