DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 6670-13
28 July 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 28 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 19 June
1978. You received nonjudicial punishment on four occasions for
disobeying a lawful order, failure to properly perform
preventive maintenance, making a false official statement,
larceny (two instances), failure to go to your appointed place
of duty, a three day period of unauthorized absence, and
committing indecent acts with another Sailor. on 29 June 1981,
you completed your active duty obligated service, were
transferred to the Navy Reserve with a general characterization
of service, and assigned an RE-4 (not recommended for retention)
reenlistment code. On 25 April 1984, you were discharged from
the Navy Reserve with a general characterization of service, and
not recommended for reenlistment.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, and
current desire to upgrade your discharge and reenlistment code
based on the repeal of the “Don’t ask, don’t tell” (DADT)
homosexuality policy. However, the Board concluded that your
general characterization of service should not be changed in
light of your numerous acts of misconduct and non-recommendation
for retention. Since you were not separated due to .
homosexuality, the Board found that the repeal of DADT did not
apply to your case. 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
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,
re DS. ae
ROBERT D. ZSALMAN
Acting Executive Director
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