DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 5383-98
19 April 1999
Dear
inlreference to your application for correction of your
This is
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
14 April 1999.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies
Your allegations of error and
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 reenlisted in the Navy on 18 December
1950 for four years as an ABAB
reenlistment, you had completed nearly two years of prior active
service.
At the time of your
(E-3).
The record reflects that you were advanced in rate to
ABl (E-6)
and served without incident until 30 December 1953 when you were
questioned by an agent of the Office of Naval Intelligence on
suspicion of homosexuality.
participation in several homosexual acts with civilians.
same day, you agreed to accept an undesirable discharge for the
good of the service in lieu of trial by general court-martial.
Thereafter, the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
due to homosexuality.
An enlisted performance evaluation board
was convened in the Bureau of Naval Personnel on 8 January 1954
and recommended an undesirable discharge by reason of unfitness
On 12 January 1954, the Chief of Naval
due to homosexuality.
You admitted to passive
On the
Personnel directed an undesirable discharge by reason of
unfitness.
You were so discharged on 5 February 1954.
On 29 May 1980, the Naval Discharge Review Board upgraded your
undesirable discharge to an honorable discharge.
VnfitnessV1 as the reason
At the time, this reason for separation was
In its review of your application, the Board conducted a careful
search of your service record for any mitigating factors which
might warrant changing the reason for your discharge.
no justification for such a change could be found.
noted that your DD Form 214 shows only
for your discharge.
correct for an individual discharged due to homosexual acts.
Additionally, under current standards, the DD Form 214 would
clearly indicate that the separation was for homosexual acts or
admission.
could be discharged for unfitness due to a number of different
reasons other than homosexual conduct.
for naval service by your admission to participation in
homosexual acts and changing the reason for discharge to
convenience of the government would be inappropriate.
concluded that the reason for discharge was proper and no change
is warranted.
The names and votes of the members of the panel will be furnished
upon request.
Further, at the time of your separation, individuals
Accordingly, your application has been denied.
However,
The Board
You were clearly unfit
The Board
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 PFEIFFER
Executive Director
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