DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001.
ARLINGTON, VA 22204-2490
TAL
Docket No: 4472-12
18 March 2013
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 7 March 2013. 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 applicabie 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
16 October 1985 at age 18. On 9 June 1987, you made a written
statement admitting to involvement in homosexual acts. You
stated in part that, you wanted your letter to serve as evidence
of your homosexuality. You were notified of pending
administrative discharge processing with an honorable discharge
due to homosexuality. You waived all of your procedural rights.
On 18 Jurie 1987, you received the honorable discharge for
homosexuality and were assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, desire to change your
narrative reason and reentry code, and allegation that you are
not a homosexual. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in your reentry
code and narrative reason, due to your admittance of homosexual
acts and request for an honorable discharge. Regarding your
allegation, it is well settled in the law that if a Sailor
procures a discharge by fraud, he should not benefit from the
fraud when it is discovered. Therefore if you lied to get out
of the military as you contend, no corrective action would be
appropriate. 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,
\s Nort PFEIL
Executive Dir
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