DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 7563-01
6 December 2001
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 November 2001.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
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 28 January 1986
at age 17.
while
The act was witnessed by a second Sailor
and you admitted guilt.
On 23 August 1986 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
homosexuality due to homosexual acts.
When informed of the
recommendation, you elected to waive your right to present 'your
case to an administrative discharge board.
After review by the
discharge authority,
the recommendation was approved and you were
discharged with an other than honorable discharge on 26 September
1986.
RE-4.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you lied about being homosexual.
However, the Board concluded that these factors were not
At that time you were assigned a reenlistment code of
You committed a homosexual act with another Sailor
onboard a ship.
such as your youth and immaturity
sufficient to warrant recharacterization of your discharge. In
this regard, the Board noted the current policy that most
individuals discharged for homosexuality will not receive a
characterization of other than honorable conditions.
However,
such a characterization is assigned to those servicemembers who
commit homosexual acts aboard a ship or aircraft.
However, the
Board also noted that you lied about being homosexual in order to
be discharged.
In this regard, the Board could not determine if
you were lying then or lying now.
The law is very clear that an
individual who procures a discharge by fraud should not benefit
from the fraud when it is discovered.
The Board noted that an RE-4 reenlistment code must be assigned
to individuals who are discharged for homosexuality.
The Board
thus concluded that there is no error or injustice in your
reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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