DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 4090-01
14 February 2002
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 12 February 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
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.
You enlisted in the Navy on 30 July 1999 at age 17.
successfully completed initial training and entered into the
nuclear power training program.
statement admitting that you were homosexual or bisexual.
Subsequently, you made a
You
Based on your admission, you were processed for an administrative
discharge because your admission created a rebuttable presumption
that you would engage in, attempt to engage in, would have a
propensity to engage in,
or intended to engage in homosexual
acts.
In connection with this processing, you elected to waive
your procedural rights.
Subsequently, the discharge authority
directed discharge and you were issued an honorable discharge on
19 October 2000.
reenlistment and were assigned an RE-4 reenlistment code.
At that time, you were not recommended for
You claim in your application that your statement concerning
homosexuality is no longer valid.
reenlistment code so that you can reenter the nuclear power
program.
reenlistment code when an individual is discharged because of
homosexual admissions.
However, regulations require the assignment of an RE-4
Since you have been treated no
You desire a change in the
differently than others discharged for that reason, the Board
could not find an error or injustice in the assignment of the
4 reenlistment code.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
RE-
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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