DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
WMP
Dock t NO: 8527-02
1 Ma 2003
f
This is in reference to your application for corrdction of your
naval record pursuant to the provisions of ~ i t l e 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 30 April 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 probab1.e material
error or injustice.
The Board found that you enlisted in the Navy on 7 January 1992
at age 22. Your record reflects that you served without
incident until 16 May 1994, when you submitted a statement
admitting that you were a homosexual. You also stated that you
feared for your safety if your fellow shipmates found out.
Based on your statement, on 18 August 1994 you were notified
that separation action was being initiated by reason of your
homosexuality. You were advised of and waived all of your
procedural rights, with the exception of obtaining copies of the
documents that supported the basis for separation,
On 19 August 1994, the commanding officer forwaraed the
separation action to the Chief of Naval Personnel (CNP)
recommending anhonorable discharge by reason of komosexuality.
On 6 Teptember 1994, CNP directed your honorable discharge and,
on 16 September 1994, you were so discharged.
In its review of your application the Board carerully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that you admitted to being a
homosexual because you were sexually harassed. However, the
Board concluded that your separation for homosexuality was based
on your written admission and you were appropriately discharged
based on applicable regulations. You are now asserting that
your statement was untrue and resulted from harassment by
others. The Board is not sympathetic to individuals who obtain
discharges through fraudulent means, whatever the reason.
Furthermore, the Board has no way of determining what your true
statement is, the one you are making now, or the statement you
made to extricate yourself from your enlistment. It is well
established in law that an individual who perpetrates a fraud in
order to be discharged should not benefit from the fraud when it
is later discovered. In this regard, the Board concluded the
reason for separation and reenlistment code were appropriately
assigned based on your homosexual admission. 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 PFEIFFER
Executive Director
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