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NAVY | BCNR | CY2009 | 07094-09
Original file (07094-09.pdf) Auto-classification: Denied
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

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