DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3914-01
12 October
2001
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
.the Board for Correction of Naval
A three-member panel of
Records, sitting in executive session, considered your
application on 11 October 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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.
it appears that the commanding officer
While your record does not contain the separation
The Board found that you enlisted in the Navy on 30 July 1999 at
age 18.
processing documents,
recommended that you be separated with an honorable discharge by
reason of homosexual admission and,
authority, the commanding officer's recommendation for separation
was approved.
The record clearly shows that you were discharged
on 15 March 2001 with an honorable discharge by reason of your
admission to homosexual activities.
assigned a reenlistment code of RE-4.
after review by the discharge
At that time you were
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
not sufficient to warrant a change in the reason for your
discharge since you admitted your sexual preference while on
active duty.
However, the Board concluded that these factors were
such as your youth and
Current guidance states that an individual who states he is
homosexual may be discharged since such a statement creates a
presumption that the individual engages in homosexual acts, or
intends to do so, or has a propensity to do so.
that an RE-4 reenlistment code must be assigned to individuals
who are discharged for homosexuality.
that there is no error or injustice in your reenlistment code.
The Board thus concluded
The Board noted
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
,The names and
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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