DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 00769-12
7 November 2012
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 6 November 2012. The names and votes of the
members of the panel will be furnished upon request.
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 insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
14 November 1979. The Board found that your record is incomplete
and does not contain the documents pertaining to your
administrative discharge. Based on your Certificate of Release
or Discharge from Active Duty (DD Form 214), you were discharged
under honorable conditions for misconduct due to fraudulent
enlistment. At that time you were assigned an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, belief that you should not have received a general
discharge due to homosexuality and desire to change your RE-4
reenlistment code. Nevertheless, the Board concluded these
factors were not sufficient to warrant such a change of your
reenlistment code given your apparent fraudulent enlistment. In
this regard, you were assigned the appropriate reenlistment code
based on your circumstances. Please be advised that under 10
United States Code (U.S.C.) 654 (Repeal), the Board can grant a
request to upgrade a discharge based on homosexuality when two
conditions are met: (1) the original discharge was based solely
on “Don’t ask, don’t tell” (DADT) or similar policy in place
prior to enactment of DADT and (2) there were no aggravating
factors such as misconduct. You were discharged due to a
fraudulent enlistment, not homosexuality. Accordingly, your
application has been denied.
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,
for ROBERT D. ZSALMAN
Acting Executive Director
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