DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6404-99
2 June 1999
Dear-
.C’.
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 25 May 1999.
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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
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.
The Board found you
Your record
of 19.
incident.
enlisted in the Navy on 2 May 1951 at the age
shows that you served without disciplinary
_
._
Sailor
At this same time you
during an investigation aboard your ship, you
On 9 November 1954,
were accused of making a sexual advances toward another
while he was in his rack/bed sleeping.
voluntarily submitted a written statement admitting to the
foregoing act and to participating in other homosexual acts since
You further submitted a written
your enlistment in the Navy.
request for an undesirable discharge in order to avoid trial by
court-martial for participating in homosexual acts.
also shows that prior to submitting this request, you conferred
with a qualified military lawyer at which time you were advised
of your rights and warned of the probable adverse consequences of
accepting such a discharge.
officer recommended that you be issued an undesirable discharge
by reason of unfitness due to homosexual involvement.
found your request was granted on 16 November 1954 and as a
result of this action, you were spared the stigma of a
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor.
than honorable discharge on 30 November 1954.
Subsequently, your
commanding
You received an other
Your record
The Board
court-
However, the Board concluded these
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your youth and
immaturity and your contentions that you would like your
discharge upgraded and that you were coerced and intimidated by
threats of imprisonment if you did not admit to homosexuality and
The Board further
accept the other than honorable discharge.
considered your contention that your discharge was illegal and
unjust because the charge sheet and specification therein was not
valid because the name of your accuser was incorrect, and
therefore nonexistent.
factors were not sufficient to warrant recharacterization of your
discharge given your misconduct.
admitted to committing a homosexual act aboard a vessel and upon
an individual who was asleep.
Such an act is sufficient under
current standards to warrant an other than honorable discharge,
since such a characterization is authorized if an individual
commits a nonconsensual homosexual act, or an act aboard a
vessel.
of your bargain with the Navy when you were discharged at your
request rather than being tried by court-martial, which could
have resulted in a lengthy period of confinement as well as a
punitive discharge.
proper as issued and no change is warranted.
application has been denied.
The Board also concluded that you received the benefit
The Board noted that you
The Board concluded your discharge was
Accordingly, your
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 PFEIFFER
Executive Director
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