DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4210-09
18 May 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 May 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 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 26 July 1988.
On 5 April 1992 you submitted a written statement that you were
homosexual. You received an honorable discharge on 27 April 1992
by reason of homosexuality. You were assigned a reentry code of
RE-4, as required when a Sailor is discharged for homosexuality.
The Board could not determine if you lied in 1992 in order to
procure your discharge, as you imply in your application, or if
you lied in your application in the hope of receiving a more
favorable reentry code. Relief is not warranted in either case.
If you procured your discharge through fraud, you should not be
allowed to benefit further by revealing the fraud. If your
admission of homosexual conduct was true, you were properly
assigned a reentry code of RE-4, and there is no basis for
assigning any other reentry code. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
Tt 3s 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,
ROBERT D. SALMAN
Acting Executive Director
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