DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 8680-00
31 May 2001
This is in reference to your application for correction of your naval
record pursuant to the provisions of Title 10 of the United States Code
section 1552.
A three—member panel of the Board for Correction of Naval Records, sitting
in executive session, considered your application on 22 May 2001. 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.
After careful and conscientious consideration of the entire record, the
Board found that the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 1 August 1996 at age 18.
The record shows that you served in an excellent manner for about 22
months. On 30 May 1998 you wrote a letter to your commanding officer
claiming that you were homosexual. Subsequently, the investigating officer
recommended a general discharge because of your failure to complete your
service obligation and your failure to inform the command that you were
taking prozac for depression while you were in a flight status.
Based on your admission you were processed for an administrative discharge
by reason of homosexuality. In connection with this processing, you
elected to waive your procedural rights. On 27 July 1998 the discharge
authority approved the recommendation of your commanding officer that you
be discharged, with the type of discharge warranted by your service
record, by reason of your admission of homosexual conduct. You were
honorably discharged on 5 August 1998. At that time, you were not
recommended for reenlistment and were assigned an RE—4 reenlistment code.
You state in your application that you regret stating that you were
homosexual, you are not homosexual, and you do not have a propensity to
engage in such activity. You desire a change in
the reenlistment code so you can reenlist in the Navy.
Regulations require the assignment of an RE—4 reenlistment code when an
individual is discharged due to homosexual acts or an admission of
homosexuality. Additionally, the Board was unable to determine which of
your statements is true, the one you are making now or the one you made to
procure your discharge. The Board is aware that it is well settled in the
law that an individual who perpetrates a fraud in order to be discharged
should not benefit from that fraud when it is discovered. Since you have
been treated no differently than others in your situation, the Board
concluded that there is no error or injustice in the assignment of the RE-4
reenlistment code.
Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
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 submission of new and material evidence or other matter 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,
W. DEAN PFEIFFER
Executive Director
2
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