DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 02409-11
25 August 2011
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.
AB three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 August 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.
after careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insutficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 6 March 2000. The Board found that you served without
incident for over five years until 9 November 2005, when you made
a voluntary statement to your chain of command of your
involvement with consensual homosexual acts with another Marine.
Subsequently, administrative discharge action was initiated by
reason of homosexuality. You elected to consult with legal
counsel and subsequently requested an administrative discharge
board (ADB). On 5 May 2006, an ADB, unanimously recommended that
you be separated from the service with a general discharge. Your
commanding officer forwarded your case concurring with the ADB’s
decision to the separation authority for review. On 12 July
2006, the separation authority directed that you be separated for
convenience of the government due to homosexuality with a general
discharge. You were so discharged on 17 July 2006. At that time
you were assigned an RE-4 reentry code. On 1 November 2010, the
Navy Discharge Review Board changed your characterization of
service to honorable.
The Board noted that applicable regulations require the
assignment of an RE-4 reentry code to individuals who are
separated by reason of homosexual acts. 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.
Concerning your request for separation pay, you may submit a
written request to the Defense Finance and Accounting Service
(DFAS), 6760 E Irvington Place, Denver, Colorado 80297-7000.
Questions concerning the amount of payment or the method of
computation should be directed to DFAS.
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,
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