DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG .
Docket No: 3480-13
.12 February 2014
‘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 11 February 3014. 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.
The Board found that you enlisted in the Navy Reserve on 12
November 1975. On 22 January 1990, you were convicted in civil
court in Norfolk, Virginia, of frequenting a public place for
-lewdness. On 23 May 1990, you admitted to the Naval
Investigative Service that you had received oral sex from a man
in the woods at a rest area in Norfolk, Virginia, which was
witnessed by a civilian police officer. You were notified that
your commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge due to
misconduct. You exercised your procedural right to have your
case heard by an administrative discharge board (ADB). The ADB
met, found you had committed misconduct based on your conviction
and personal admission, however, it recommended retention. You
were retained on active duty. On 5 August 1996, you were placed
on the Temporary Disability Retired List, and assigned a
waivable RE-3P (temporary disability) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your many years of
‘honorable service and the repeal of the “Don’t ask, don’t tell”
homosexual policy. However, the Board concluded that the
‘derogatory material should not.be removed from your record in
kight of the aggravating circumstances of your admission to
public lewdness and civil conviction. In view of the above,
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
che 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,
4 Ne etn te SD, (roe __
ROBERT D. ZSALMAN
Acting Executive Director
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