DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No. 3833-02
21 October 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AL RECORD OF
(a) 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
The Board, consisting of Messrs. Pfeiffer, Shy and Ms.
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting a change in his reenlistment code.
2.
Humberd, reviewed Petitioner's allegations of error and injustice
on 17 October 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
Documentary material considered by
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
The Board, having reviewed
3.
to Petitioner's allegations of
follows:
all the facts of record pertaining
error and injustice, finds as
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Petitioner's application to the Board was filed in a
timely manner.
C . Petitioner enlisted in the Navy on 8 February 2000 at
age 21 in pay grade E-l.
concerning his inability to comply with
conduct in the armed forces
training but held pending an investigation.
However, due to statements that he made
*@restrictions on personal
I* he was not transferred to recruit
d.Petitioner was notified on 9 Febuary 2000 that a review
of his enlistment was being conducted based on his statements of
Specifically, Petitioner indicated that he had
8 February 2000.
a juvenile police record that was sealed but would not disclose
what the specific record was.
He further stated that
"he had
someone at home" but also would not clarify the meaning of that
statement.
e. On 22 February 2000 Petitioner provided a statement
that clarified his reasons for his inability to comply with
ttrestrictions on personal conduct in the armed
Specifically, he said that he had recently participated in
homosexual conduct and felt that he was
bisexual.
forces.tt
f.
On 23 February 2000, Petitioner was notified of pending
He was advised of and waived all of his
separation action by reason of defective enlistment due to
erroneous entry.
procedural rights, except for the right to obtain copies of
On 2 March
documents which supported the proposed separation.
2000, he received an uncharacterized entry level separation by
reason of fraudulent entry into military service and was assigned
an RE-4 reenlistment code.
During the accession process, all
g. Regulations state that a person's sexual orientation is
considered a personal and private matter, and is not a bar to
service entry or continued service unless manifested by
homosexual conduct.
applicants, prospects and members of the DEP shall not be asked
or required to reveal whether they are hetrosexual, homosexual,
or bisexual and will not be asked or required to reveal if they
have engaged in homosexuai conduct unless independent evidence is
received indicating that the applicant engaged in such conduct or
the applicant volunteers a statement that he is a homosexual or
bisexual.
the naval service.
Homosexual conduct is grounds for barring entry into
h.
Further, all applicants will be informed of the
forcesl' prior to
For those personnel enlisting through a military
a briefing is presently required
"restrictions on personal conduct in the armed
enlistment.
entrance processing station,
prior to the oath of enlistment being administered.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
correctly processed for separation by reason of defective
enlistment due to his homosexual admission.
Had military
authorities known of his homosexual activity, he would not have
been enlisted.
Therefore, his enlistment was erroneous.
However, it appears upon separation the reason for separation was
service."
incorrectly assigned as "fraudulent entry into military
He was not processed for fraudulent entry and, in fact,
he
committed no fraud since he was not asked any questions about his
In this regard, the Board believes that Petitioner was
2
The Board thus concludes that it would be
homosexual activities.
appropriate and just to correct the record to show that he was
discharged for
believes that the assignment of the RE-4 reenlistment code was
appropriately assigned,
homosexual act, which is a bar to enlistment.
RECOMMENDATION:
since he admitted to committing a
tterroneous entry other."
However, the Board
a.
That Petitioner's naval record be corrected to show that
on 2 March 2000 he was discharged by reason of **erroneous entry
other" vice by reason of "fraudulent entry into military
service".
This should include the issuance of a new DD Form 214.
b.
C .
That no further relief be granted.
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d.
That any material directed to be removed from
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
4.
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
ROBERT D. ZSALMAN
Recorder
“
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6 (e))
and having assured compliance with it provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
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