DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
TAL
Docket No: 7035-13
14 August 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 6 August 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
5 January 1999 at age 19. On 8 February 2002, you were the
subject of a Navy investigation regarding your participation in
a homosexual act in public view in a parking lot on board the
Naval Air Station North Island, San Diego, California. You made
a verbal and written statement, that you considered yourself to
be bisexual.. -As a result, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to homosexual acts. After consulting with
legal counsel, you elected to present your case to an
administrative discharge board (ADB). On 16 May 2002, 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 characterization of service due to
homosexual acts and on 5 June 2002, 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
recharacterization of your discharge due to your participation
in a homosexual act in open public view on board Naval Air
Station North Island. This is sufficient, even under current
standards, to warrant an OTH discharge. 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,
~ Rag SD. nem
ROBERT D. ZSALMAN
Acting Executive Director
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAL Docket No: 4994-13 30 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 14 May 2014. Documentary material considered by the Board...
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