DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 5068-01
15 January 2002
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Dear
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.
8 January 2002.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 3 February 2000 at
Your record reflects that on 27 July 2000 you
the age of 19.
submitted a sworn statement requesting discharge due to your
homosexuality, which reads, in part, as follows:
I respectfully request a separation from the Navy due to the
I understand the Navy's policy
fact of my homosexuality.
regarding homosexuality, but I feel that I can't serve for
the fact that everyday it gets harder and more stressful for
me knowing that what I do in life can't be involved with the
I have been homosexual
Navy, due to the
Navy's policy.
At this time, I haven't
since I was about 14 years old.
been harassed by any staff member or at . . . . since I have
been here, but I have heard people talk bad about homosexual
people and their rights.
On 7 August 2000 you were notified of pending administrative
separation action by reason of homosexuality.
On 24 August 2000
you were separated from the Navy with an uncharacterized entry
level separation by reason of homosexual conduct, and were
assigned an RE-4 reenlistment code.
The Board also considered your
However, the Board concluded these factors and
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
contentions that you are not a homosexual, and that you lied at
the time of your discharge because you needed to go home to help
your family.
contentions were not sufficient to warrant a change in your
The Board
reenlistment code or narrative reason for separation.
concluded that your sworn statement at the time of your discharge
was sufficient to warrant discharge due to homosexuality and the
assignment of an RE-4 reenlistment code.
authorized and normally assigned when individuals are separated
The Board noted your contention that you lied
for that reason.
about your homosexuality, but also noted that it is well settled
in the law that an individual who procures his separation by
fraud should not benefit from the fraud when it is discovered.
Given all the circumstances of your case, the Board concluded the
assigned reenlistment code was proper and no change is warranted.
Accordingly, your application has been denied.
Further, such a code is
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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