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NAVY | BCNR | CY2013 | NR4928 13
Original file (NR4928 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TAL
Docket No: 4928-13
14 May 2014

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 May 2014. 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

17 November 1986 at age 19. On 12 June 1990, you were the
subject of a Navy investigation regarding your participation in
homosexual acts on board the USS CONSTELLATION. You made a
written statement, that you considered yourself to be bisexual
since age 19 and that you had performed homosexual acts with two
Sailors. As a result, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to homosexuality. After consulting with
legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 6 August 1990, the ADB
found that you committed misconduct and recommended that you be
separated with an OTH. The separation authority agreed with the
recommendation of the ADB and directed your commanding officer
to issue you an OTH due to homosexuality and on 14 September
1990, you were so discharged.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge under the “Don't
ask - don’t tell” policy repeal. Nevertheless, the Board
concluded these factors were not sufficient to warrant
vecharacterization oaf,your discharge because of your
participation in homosexual acts on board a naval vessel which
is sufficient, even under current standards, to warrant an OTH

discharge. Accordingly, your application has been denied. The
riames 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, tthe 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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