DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 9051-17 
JAN O3 2018 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, ofthe United States Code, Section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your application on its merits. A three
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 12 December 2017. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record, and 
applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Navy and began a period ofactive duty on 31 July 2000. It appears you 
served without disciplinary incident until 31 October 2001 when you made a statement to the 
Naval Air Station (NAS)  Staff Judge Advocate wherein you denied any current use of 
ecstasy but admitted you had used it regularly prior to entering the Navy. As a result, 
administrative separation was initiated due to fraudulent enlistment because you failed to 
disclose your past drug use. After you waived your procedural rights, your Commanding Officer 
directed a general discharge under honorable conditions by reason ofdefective enlistment due to 
fraudulent enlistment. On 3 December 2001, you were so discharged. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors and your desire to upgrade your discharge to honorable, restore your benefits, 
receive an apology, and recoup your enlistment bonus. The Board also considered your 
contention that, because you wouldn't "pick up a gun after 9/11 ", the "MP and PNC ofNAS 
 started to hunt and search for any reason to remove" you from service. Additionally, 
the Board considered your contentions that the statements taken were not fully correct and the 
over-seeing Judge Advocate General (JAG) wouldn't "give you a lawyer". Lastly, the Board 
considered your contention that when you were asked about the email found on the Department 
ofDefense computer, you "panicked to hide the fact that you were gay and said an incorrect 
statement" which led to your wrongful discharge. The Board concluded these factors were not 
sufficient to warrant re-characterization ofyour discharge. Under the Don't Ask, Don't Tell 
Repeal Act of2010, and the Under Secretary ofDefense Memo of20 September 2011 
(Correction ofmilitary records following repeal of I 0 U.S.C. 654), the Board can grant a request 
to upgrade a discharge that was based on homosexuality when two conditions are met: (1) the 
original discharge was based solely on "Don't Ask Don't Tell" (DADT) or similar policy, and 
(2) there were no aggravating factors such as misconduct. In reViewing your record and the 
evidence you provided, the Board noted your record does not contain any mention ofyou being 
homosexual. The Board determined your discharge was not based on homosexuality but due to 
your pre-service undisclosed drug use. Also, the Board concluded your contentions were not 
sufficient to warrant relief in your case given the seriousness ofyour failure to disclose your preservice 
drug use. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director