DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9982-09
1 February 2010
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 16 December 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 Reserve on 28
January 1974 and entered on active duty. On 11 February 1974 you
made a written statement in which you related that you had
engaged in homosexual acts before you enlisted. On 22 February
1974 you received a general discharge by reason of fraudulent
entry.
In its review of your application the Board carefully considered
your assertion that you lied about committing homosexual acts in
order to be discharged. The Board could not determine if you
lied to procure a discharge or are lying now; however, the law is
very clear: an individual who procures a discharge by fraud
should not benefit from the fraud when it is discovered or
revealed. Accordingly, and as you have not shown that it would
be in the interest of justice for the Board to upgrade your
discharge, 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,
TT pe RS,
Fee W. DEAN PFEIFFER
Executive Director
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