DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1316-08
22 August 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 13 August 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
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 September
1995. On 23 October 1997 you made a written statement that you
were homosexual and considering becoming engaged to another male.
On 21 November 1997 you were honorably discharged by reason of
homosexual acts and assigned a reentry code of RE-4, as required
by governing directives.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contention that you
lied about being a homosexual. The Board could not determine if
you lied about being homosexual to procure a discharge, of if you
lied in your application. [In either case, relief in the form of
CHanging your RE-4 reentry code is not warranted because an
individual who procures a discharge by fraud should not benefit
from the fraud when it is revealed by him. 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,
\Wand
W. DEAN PF
Executive Divettor
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