DEPARTMENTOFTHENAV
Y
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 695-02
27 December 2002
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 11 December 2002.
Your allegations of error and
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.
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 Naval Reserve on 5
October 1981 and reported to active duty on the same day.
then served for about two years without incident.
The record in your case is incomplete.
contain a message,
admitted to being a homosexual,
separation because of that admission,
present your case to an administrative discharge board.
review by the discharge authority,
recommendation for discharge was approved.
you were honorably discharged by reason of homosexuality.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
are not a homosexual.
factors were not sufficient to warrant a change in the reason for
your discharge since you admitted your sexual preference while on
active duty.
dated 12 October 1983, stating that you
were being processed for
The Board also noted that you now claim to have
on 15 October 1983, the
After
On 31 October 1983
such as your contention that you
However, the Board concluded that these
You
However, the record does
and had waived the right to
and that your one homosexual act
lied about being a homosexual,
Unfortunately,
resulted from an assault by two other Sailors.
the Board could not determine if you were lying then or lying
Nevertheless, the law is very clear that an individual who
now.
procures a discharge by fraud should not benefit from the fraud
The Board thus concluded that there was
when it is discovered.
Accordingly,
no error or injustice in the reason for discharge.
your application has been denied.
members of the panel
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.
will-be furnished upon request.
The names and votes of the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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