DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
TAL
Docket No: 2731-13
27 February 2014
' This is in reference to your application for correction of your
'-naval record pursuant to the provisions of biel 10 of the
. United States Code, section +85
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 February 2014. 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. “3
- You enlisted in the Navy and began. a period of active duty on
'-. 16 January 1990 at age 20. On 22 February 1990, you were the
subject of a-mental health evaluation, where you stated in part
that you wanted out of the Navy due to feeling stressed because
of sexual desire, and that you felt you were a homosexual. You
_ stated you had three homosexual experiences in “the months prior -
to enlisting. It was further determined that you failed to ;
disclose this information during your recruiting process. As a
_-. result of your failure to disclose this information, your
commanding officer initiated administrative discharge action by
reason of fraudulent entry as evidenced by your concealment of
- pre-service participation in homosexual acts. The separation |
authority directed. an uncharacterized entry level separation by
reason of fraudulent enlistment. You were so discharged on
12 March 1990.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as.
your youth. ‘However, the Board found that these factors were
not sufficient to warrant recharacterization of your discharge
given the fact that you failed to disclose your pre-service
homosexual acts. Finally, when an individual is separated by
reason.of fraudulent enlistment during the first 180 days of
active service, the individual receives an uncharacterized entry
. evel separation... Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Tt 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,
ROBERT D. ZSALMAN
_ Acting Executive Director
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