DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 7895-07
‘8 May 2008
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 30 April 2008. 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
the Board found that the evidence submitted was
record,
probable material
insufficient to establish the existence of
error or injustice.
a
The Board found that you enlisted in the Navy on 20 July 1988.
You were honorably discharged by reason of homosexuality on 4
February 1993 based on your admission to your commanding officer
that you were a homosexual. You were assigned a reentry code of
RE-4.
The Board did not accept your unsubstantiated contention to the
effect that you developed posttraumatic stress disorder (PTSD) as
a result of being homosexually assaulted, which in turn caused
you lie to your commanding officer about your sexuality in order
to escape from an intolerable situation. There is no evidence in
your naval record which demonstrates that you suffered from PTSD,
and you have not provided any. The Board concluded that you lied
in 1993 in order to effect your discharge from the Navy, or that
you lied in your application in order to obtain a more favorable
reentry code.
Directives that were in effect in 1993 required the assignment of
E-4 reentry code to a Sailor discharged by reason of
homosexuality. Accordingly, and as you have not demonstrated
that it would be in the interest of justice to assign you a more
favorable code as an exception to policy, the Board was unable to
recommend corrective action in your case.
In view of the foregoing, 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,
lg
W. DEAN BFEI
Executive Dilr¢ckd
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