DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 8420-00
5 April 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
15,52.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 April 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.
The Board found that you enlisted in the Navy on 18 March 1998 at
age 19.
On 15 March 2000 you acknowledged your homosexuality in
a written statement.
separated with an honorable discharge due to your admission of
homosexual conduct.
reenlistment code of RE-4.
Subsequently, on 9 June 2000 you were
At that time you were assigned a
However, the Board concluded that these factors were
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.
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.
The Board noted that an RE-4 reenlistment code is authorized by
regulatory guidance and must be assigned to individuals who are
discharged for homosexuality.
there is no error or injustice in your reenlistment code.
The Board thus concluded that
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
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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