DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7094-09
28 July 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 22 July 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 29 May 2007. on
27 November 2007 you acknowledged your homosexuality in a written
statement. On 18 January 2008 you received an honorable
discharge by reason of homosexual conduct admission and were
assigned a reentry code of RE-4.
Applicable regulations require the assignment of an RE-4 reentry
coge when an individual is discharged for homosexuality. The
Board thus concluded that there is no error or injustice in your
reentry code. 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 1s 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 PFEIL
Executive Di
NAVY | BCNR | CY2009 | 04210-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 09690-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 06435-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 07926-09
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. The Board did not consider whether your characterization of service or reason for separation should be changed, since you have not exhausted your administrative remedies by applying to the Naval Discharge Review Board (NDRB). Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2009 | 06740-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 July 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 07895-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 April 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 07248-08
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. On 28 April 2006, administrative discharge action was initiated by reason of homosexuality. The Board noted that applicable regulations require the assignment of an RE-4 reenlistment code to individuals who are separated by reason of homosexuality.
NAVY | BCNR | CY2011 | 02409-11
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. The Board noted that applicable regulations require the assignment of an RE-4 reentry code to individuals who are separated by reason of homosexual acts. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 00074-09
‘ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2009. The Board did not consider whether your reason for separation should be changed, since you have not exhausted your administrative remedies by applying to the Naval Discharge Review Board (NDRB}. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2008 | 11666-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 July 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...