DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ‘SON
Docket No: 07248-08
16 June 2009
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. :
f
a
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 June 2009. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 27 July 2005 at age 18. On
24 April 2006, you requested medical attention seeking help
coping with your sexual orientation. You received a full
psychological evaluation, and it. was recommended that you be
administratively separated from the service after admitting your
homosexual orientation, which suggested that you had a propensity
to engage in such acts.
On 28 April 2006, administrative discharge action was initiated
by reason of homosexuality. You waived the rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board. You case was forwarded to the
separation authority and on 15 August 2006, it was directed that
you be separated from the service. On 27 August 2006, you were
honorably discharged by reason of homosexuality. At that time
you were assigned an RE-4 reenlistment code.
The Board noted that applicable regulations require the
assignment of an RE-4 reenlistment code to individuals who are
separated by reason of homosexuality. The Board thus concluded
that there is no error or injustice in your reenlistment code.
Concerning your contention of being abused, the Board noted that
there is no evidence in your record, and you submitted none to
support it. 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,
Lak.
W. DEAN PFEI
Executive Di €
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