DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1061-02
23 May 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,
application on 22 May 2002.
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
considered your
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 23 February 1999
at age 20.
The record reflects that on 17 April 2000 you signed
a statement
acknowledging homosexual conduct.
honorable discharge by reason of homosexual conduct
received an
At that time, you were assigned a reenlistment
admission.
RE-4.
On 24 May 2000 you
toe of
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.
The Board also noted your
contention to the effect that you falsely claimed to be a
homosexual in order to be discharged.
law that an individual who perpetrates a fraud in order to be
discharged should not benefit from the fraud when it is later
discovered.
were lying then or lying now.
been denied.
will be furnished upon request.
In this regard, the Board could not determine if you
Accordingly, your application has
The names and votes of the members of the panel
It is well established in
of your case are such that
It is regretted that the circumstances
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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