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NAVY | BCNR | CY2006 | 09283-06
Original file (09283-06.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTON DC 20370-5100        



CRS
 Docket No: 9283-06
8 January 2008







This is in reference to your application for correction of your nava l r ecord pursuant to the provisions of title 10 of the United
 States Code rode sect ion 1552.
A t h ree-member panel of the Board for Correction of Naval Records, sitting in executive sess i on, considered your application on 28 Nove~er 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.
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 3 August 1981. On 12 March 1982 you made a statement in which you declared yourself to be a homosexual. Further, you admitted to having homosexual contacts prior to enlistment, On 12 April 1982 your commanding officer recommended that you be separated with a general discharge by reason of fraudulent enlistment because of your failure to disclose your homosexuality when you applied for enlistment. After you were informed of the recommendation, you waived your right to submit a statement in rebuttal to the proposed discharge action. The recommendation for separation was approved by the discharge authority and on 14 May 1982 you received a general discharge by reason of fraudulent enlistment.
The Board did not accept your contention to the effect that your enlistment was not fraudulent because you did not know of your homosexual orientation until after you enlisted. As indicated above, you admitted to your commanding officer that you had homosexual contacts prior to enlisting. The Board concluded that your service was properly characterized with a discharge under honorable conditions, and that you have not demonstrated that it
 [Se a
would be In the interest of justice to upgrade your discharge, or to change the basis therefor. 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
                                                                         Executive Director

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