DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2849-05
14 October 2005
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 4
October 2005. 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.
You enlisted in the Navy on 3 August 1989 at age 22. It appears that
while in recruit training, you were discovered committing a
homosexual act in the barracks. On 25 September 1989, you received
nonjudicial punishment for committing sodomy.
Based on your misconduct, you were processed for an administrative
separation. In connection with this processing, you elected to waive
the right to have your case heard by an administrative discharge
board. Subsequently, the commanding officer recommended that you be
discharged under other than honorable conditions. After review, the
discharge authority directed discharge under other than honorable
conditions and you were so discharged on 14 December 1989. At that
time, you were not recommended for reenlistment and were assigned an
RE-4 reenlistment code.
On 26 June 2000 you submitted an application to the Naval Discharge
Review Board claiming that you were no longer homosexual, your sexual
proclivities were caused by others while in the service, and you were
the victim in this matter. You state that once you returned to
civilian life you “straightened out”. In its decisional document, the
NDRB denied relief and noted that you had admitted to initiating and
performing homosexual acts on more than one occasion. In your
application to this Board, you state that “today I would never make
up such a story.”
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your desire to reenter the
military. However, the Board found that these factors were not sufficient
to warrant recharacterization of your discharge. Regulations allow for the
issuance of a discharge under other than honorable conditions to an
individual who commits homosexual acts if certain aggravating factors are
present. In this regard, your homosexual acts occurred openly and in public
view in the barracks head. It is unclear from your statement whether you
lied about the details of the homosexual acts or the fact that the
homosexual acts occurred. However, it is well settled in the law and an
individual who perpetrates a fraud in order to be discharged should not
benefit from that fraud when it is discovered. The Board concluded that
your discharge was proper as issued and no change is warranted.
Regulations require the assignment of an RE-4 reenlistment code when an
individual is discharged by reason of homosexuality. Since you have been
treated no differently than others in your situation, the Board could not
find an error or injustice in the assignment of the 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
W. DEAN PFIEFFER
2
NAVY | BCNR | CY2001 | 07563-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2001. However, the Board concluded that these factors were not At that time you were assigned a reenlistment code of You committed a homosexual act with another Sailor onboard a ship. The Board noted that an RE-4 reenlistment code must be assigned to individuals who are discharged for homosexuality.
NAVY | BCNR | CY2006 | 00419-06
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.You enlisted in the Navy on 26 February 1985 at age 17. The Board also considered the statement...
NAVY | BCNR | CY2010 | 10614-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2011. 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. In your case, since the activity occurred onboard a naval vessel, it is sufficient even under current standards to warrant an OTH discharge.
NAVY | BCNR | CY2000 | 08680-00
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 03557-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2002. noted that you lied about being homosexual in order to be discharged. 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.
NAVY | BCNR | CY2002 | 05068-01
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 . 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. authorized and normally assigned when individuals are separated The Board noted your contention that you lied for that reason.
NAVY | BCNR | CY2006 | 00816-06
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 Naval Reserve in the Navy on 20 September 1978. On 6...
NAVY | BCNR | CY2012 | 04472-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 March 2013. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2002 | 04727-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 2 July 1954 you received NJP for three The punishment imposed was 14 The On 13 October 1955 you were convicted by a special court martial of unauthorized absence from 30 August to 17 September 1955, a period of 19...
NAVY | BCNR | CY2005 | 08712-05
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...