DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03852-10
28 January 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 26 January 2011. 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.
Bfter careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 22 September 2000, at age 26. On
4 April 2001, you admitted to a medical staff member that you had
a desire to inform your chain of command that you were a
homosexual. On 16 April 2001, you submitted a written statement
to your commanding officer, acknowledging that you were being
administratively discharged by reason of homosexuality as
evidenced by your own admission. You then elected to waive the
rights to consult counsel, submit a statement or have your case
heard by an administrative board.
On 23 April 2001, your commanding officer forwarded his
recommendation to discharge you by reason of homosexuality with
an honorable discharge. On 24 April 2001, the discharge
authority directed that you be separated with an honorable
discharge by reason of homosexual conduct admission and assigned
a reentry code of RE-4. You were so discharged on 27 April 2001.
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your record.
Nevertheless, the Board concluded these factors were not
sufficient to warrant changing your narrative reason for
separation or reentry code, given your homosexual admission. The
Board also concluded that you received the benefit of your
bargain with the Navy when.you were discharged at your request.
The Board concluded your discharge was proper as issued and that
no change is warranted. 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.
Infthis 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,
Qa cee
W. DEAN PFE
Executive Dixeguo
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