DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7657-00
23 March 2001
Your allegations of error and
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 20 March 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.
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 December 1978
after prior active service of more than eight months in the Air
Force.
diagnosed you with a personality disorder.
acknowledged your homosexuality in a written statement.
Subsequently, on 17 June 1982 you were separated with an
honorable discharge by reason of "homosexuality
or she was a homosexual or bisexual".
In review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant a change in the reason for your
discharge since you admitted your sexual preference while on
active duty.
Concerning your request for removal of a nonjudicial punishment,
there is no evidence in the record that you received any
disciplinary action, nor did you present any such evidence.
However, the Board concluded that these factors were
A psychiatric evaluation,
conducted on 2 October 1979,
On 19 April 1982 you
- stated that he
*.
The names and
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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