DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 08134-10
12 November 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 4
November 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.
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.
You enlisted in the Navy on 21 January 1999 for a term of four years.
Unfortunately you only served a little more than two years and three
months and were administratively separated with a general discharge
due to your admission of having engaged in multiple homosexual acts
with a civilian for about a year. Your disciplinary record shows
you received nonjudicial punishment (NJP) for being disrespectful
to a superior commissioned officer. Following your admission of
homosexual activity naval authorities reviewed your case and ordered
that you be administratively separated with the type of discharge
warranted by your overall record of service. Under Navy regulations
Sailors whose behavior mark falls below 2.5 are not eligible for a
-
honorable discharge. Your record shows that your behavior mark was
2.0 and was due to the NJP you received on 1 March 2000.
In its review of your application the Board concluded that in view
of your failure to achieve the conduct mark required for an honorable
discharge there was no legal or administrative error in the issuance
of a general discharge. Moreover there was no unfairness or
injustice since you were treated no differently than other Sailors
whose behavior mark fell below 2.5.
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,
\Spus
W. DEAN PFAI
Fxecutive r r
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