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NAVY | BCNR | CY2003 | 02266-03
Original file (02266-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 FC
Docket No: 02266-03
25 August 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 20 August 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 1 December 1992 at age 19. You then served without incident until 4 March 1996 when you made a written statement in which you admitted to being homosexual. In the statement, you admitted to being attracted to both men and women, and stated that you would continue to date both sexes in the future.

On 5 March 1996, you were notified of administrative separation processing, and waived all of your procedural rights except the right to obtain copies of documents forwarded to the separation authority supporting the basis for the proposed separation. On 16 March 1996 the commanding officer recommended that an administrative separation by reason of homosexuality admission. On 16 April 1996, the separation authority directed discharge by reason of homosexual admission, with characterization of service
as warranted by the service record. On 2 July 1996 you were honorably discharged 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 honorable discharge. However, because of your admission of homosexuality and your statement to the effect that you intended to continue to date both men and women, the Board concluded that there is no error or injustice in your reenlistment code. In this regard, an individual separated by reason of homosexuality must receive an RE-4 reenlistment code. 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,



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