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NAVY | BCNR | CY2006 | 06320-06
Original file (06320-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 20370-51 00


                                             CRS
                                             Docket No: 6320-06
                                                                                  5 September 2006



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 23 August 2006. 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 28 December 1981. On 17 July 1984 your commanding officer (CO) recommended that you be separated with an honorable discharge by reason of homosexuality. Your CO stated that you had admitted to a medical doctor that you were a homosexual. In rebuttal, you responded that you had never committed homosexual acts, but were afraid that in the future your “inner conflict” might result in acts that would constitute violations of the Uniform Code of Military Justice. After review by the discharge authority, the recommendation was approved and you were so discharged on 3 August 1984. At that time, you were assigned a reenlistment code of RE-4.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that you are not a homosexual. However, the Board concluded that these factors were not sufficient to warrant a change in the reason for your discharge, given your statement that you would likely commit homosexual acts in the future if you were not discharged. Therefore, the Board concluded that no change to the discharge is
                   warranted.


Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged for homosexuality. The Board thus concluded that there is no error or injustice in your 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 PFEIFFER
 Executive Director

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