DEPARTMENTOFTHE NAVY
BOARD
F&R CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2846-02
27 November 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 26 November 2002.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 22 June 1998 at the age of 20.
November 1998 you submitted a written statement in which you
admitted to participating in homosexual acts and said that you
would continue to participate in homosexual activities.
statement you also requested separation.
In your
On 2
On 9 November 1998 you were notified of pending administrative
separation action due to your admission of homosexual conduct.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board.
Subsequently, your commanding officer recommended an entry level
separation due to admission of participation in homosexual
conduct and intent to continue engaging in homosexual acts.
recommendation was approved and the discharge authority directed
an uncharacterized entry level separation by reason of homosexual
On 8 April 1999 you were so separated and assigned an
admission.
RR-4 reenlistment code.
This
Nevertheless, the Board concluded these factors and
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
immaturity and your contentions that the discharge was forced on
you.
contentions were not sufficient to warrant a change in your
separation or reenlistment code.
admission that you participated in homosexual conduct was
sufficient to support the entry level separation and the
assignment of an RE-4 reenlistment code.
code must be assigned to individuals who are separated due to
admission of participation in homosexual acts. Accordingly, your
application has been denied.
The Board concluded that your
In this regard, such a
The names and 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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