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Decision Text

NAVY | BCNR | CY2002 | 02899-00
Original file (02899-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

TRG
Docket No:
23 February 2001

2899-00

.-

Dear

This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 21 February 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, 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 was unable to
its review based on the
submitted.

obtain your service record and conducted
documentation from the record that you

You then served without incident for about three

During this period, on 16 December 1983, you were

The available records shows that you enlisted in the Navy on 1
October 1980.
years.
advanced to SK2 (E-5).
period 7 December 1983 to 10 April 1984 you were assigned
marginal marks of 3.2 in the categories of initiative and.
reliability.

The evaluation comments state, in part, as follows:

In the performance evaluation  

for*the

. 

. her "short-timer" attitude has seriously hampered

. 
. . . with
the smooth operation of the supply function.
the proper attitude and increased self-motivation (she)
could have become an excellent independent duty
Due
storekeeper and a positive asset to this command.
to the character of her separation she cannot be
recommended for retention in the Naval service.

The documentation setting forth the facts and circumstances  which

led to your discharge are unknown and you have not provided a
However, it appears that you were
copy of your DD Form 214,
honorably discharged on 10 April 1984.
recommended for reenlistment and were assigned an RE-4
reenlistment code.

At that time you were not

"Don't ask, don't tell  

policyVV.

As indicated,

In your application you state that you should not have been
discharged because of your sexual preference and there was a
violation of the  
the documentation to support your discharge processing is
unavailable.
current regulations for homosexual conduct, an RE-4 reenlistment
The Board concluded that the final adverse
code is required.
performance evaluation was sufficient to support the assignment
of the RE-4 reenlistment code.
been denied.
will be furnished upon request.

The names and votes of the members of the panel

However, if an individual is discharged under

Accordingly, your application has

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 
Executive Director

PFEIFFER

2



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