DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
FC
Docket No: 06562-02
24 January 2003
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 15 January 2003. Your allegations of error and
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.
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 found that you enlisted in the Navy on 31 October 2000
at age 26. You then served without incident until 8 January 2003
when you admitted to another Sailor that you were gay and said
that you wanted to be discharged.
On 29 January 2002, the commanding officer recommended that you
be honorably discharged by reason of your admission, and advised
you of the right to an administrative discharge board (ADB).
However, you waived your rights to an ADB, and on 19 February
2002, the Bureau of Naval Personnel authorized your discharge.
Accordingly, on 1 April 2002, you were honorably discharged by
reason of "homosexual conduct admission", and assigned a
reenlistment code of RE-4.
In its review of your case, The Board carefully weighed all
potentially mitigating factors such as your division officer's
recommendation, and your final overall performance mark average
of 3.0. However, the Board found that these factors were not
sufficient to warrant a change in the reason for your discharge
or the reenlistment code. Current guidance states that an
individual who states he is homosexual may be discharged for
that reason since such a statement creates a presumption that
the individual engages in homosexual acts, or intends to do so,
or has a propensity to do so. The Board also noted that an RE-4
reenlistment code must be assigned to individuals who are
discharged for homosexuality.
Accordingly, your application has been denied. 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 favorable action cannot be taken. You are entitled to have
the 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 P F E I F F E R
Executive Director
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