DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4961-01
8 November 2001
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 November 2001.
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.
Your allegations of error and
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.
The Board found you reenlisted in the Navy on.25 June 1993 after
four years of prior honorable service.
you continued to serve without disciplinary incident.
it appears that you submitted a written statement in which you
admitted to participating in homosexual activities.
Your record reflects that
However,
Subsequently, you were processed for an administrative discharge
by reason of homosexual admission.
discharge authority directed an honorable discharge by reason of
homosexual admission, and on 19 November 1993 you were so
discharged and assigned an
RR-4 reenlistment code.
On 9 November 1993 the
The Board, in its review of your naval record, although
incomplete, and application, carefully weighed all potentially
The
mitigating factors, such as your prior honorable service.
Board also considered your contention that because you disclosed
you were poorly judged and
facts about your sexual preference,
assigned an RR-4 reenlistment code.
these factors and contention were not sufficient to warrant a
However, the Board concluded
change in your reenlistment code.
mandatory when an individual is separated by reason of homosexual
admission.
concluded your reenlistment code was proper and no change is
warranted.
Given all the circumstances of your case, the Board
Further, such a code is
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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