DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01076-06
3 April 2007
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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, in which you requested, in effect,
that all references to homosexuality be removed from your record,
and that your record be ‘corrected to show that you were
discharged by reason of physical disability.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 March 2007. 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. In addition, the Board considered the comments of
your counsel, the Paralyzed Veterans of America.
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. In this regard, the Board found that you
admitted to a psychiatrist and to agents of the Naval
both before and after you enlisted in the Marine Corps. In
addition, the Board could not find any indication in the
available records that you were unfit for service by reason of
physical disability on 21 November 1969, when you were discharged
by reason of unsuitability. 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,
Dene
W. DEAN PFET
Executive Diredto
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