DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

                                                                      

  CRS
									    Docket No: 7665-06
                                                7 January 2008

This is in reference to your application for correction of your naval record pursuant to the provisions of t~t1e 10 of the United Staten Code section J 572

A three-member panel of the Board for Correction of Naval Records, sitting
application  On 12 December 2007, 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 served on active duty in the Navy from 27 November 1995 to 28 June 1996, when you were discharged by reason of homosexuality with an entry level separation.

The Board did not accept your contention to the effect that you were entitled to an honorable discharge because you completed more than 180 days of service. In this regard, the Board noted that an uncharacterjzed entry level separation will be awarded when separation processing is initiated within a service member’s first 180 days of service. Separation processing was initiated in your case on 1 April 1996, which was within your first 180 days of service. As such, you were properly discharged with an entry level separation. 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,

W. DEAN PFIEFFER
								Executive Director