DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 11636-09
20 Jul 10
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 June 2010 and 30 June 2010. 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. In addition, the
Board considered an advisory opinion furnished by Headquarters
Marine Corps.
Records show that in approximately May 2006, you were selected
for the Marine Enlisted Commissioning Program (MECEP). Under
that program, it was expected that, after completion of your
higher education, you would become a commissioned officer and
serve on active duty for an additional term of service.
Approximately two years into your education, you made a
voluntary request to be disenrolled from the MECEP program and
to be administratively separated from the United States Marine
Corps. Accompanying your request was a statement explaining
that you “have been a homosexual your whole life,” that you
no longer able to serve in any military service that has
discriminating homosexual policies” and that you intended to
“live an openly homosexual life.” Based on your request and
your voluntary admissions, you were separated in June 2009. You
now seek a change to your record to entitle you to involuntary
separation pay.
Ww
ale
The Board noted that while you were attending school, you
accepted full pay and allowances and also accepted approximately
$2500 in Veteran’s educational benefits. You also occupied a
MECEP billet that could have been filled by a more qualified
individual. The Marine Corps relied upon the expectation that
you would complete your education and serve as a commissioned
officer for an additional term of service. That expectation was
not met because you voluntarily requested to be disenrolled and
administratively separated. There is no evidence that you were
forced to make the disenrollment request or homosexual
admission. You could have completed the MECEP program and
fulfilled the additional term of service if you had wanted to.
Under these circumstances, the Board found that the evidence
submitted was insufficient to warrant separation pay or to
establish the existence of probable material error or injustice.
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, é
W. DEAN PFEVFRHER
Executive Dt °
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