DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
2 NAVY ANNE
NAJAL RECORD
X
S
WASHINGTON DC 20370-510
0
ELP
Docket No. 35-01
15 June 2001
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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 12 June 2001.
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.
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.
1s' November 1959 for four
The record reflects that you served for 12
You enlisted in the Marine Corps on
years at age 20.
months without incident_
However, during the ten month period
from November 1960 to September 1961 you received a nonjudicial
(NJP) and were convicted by a summary court-martial.
punishment
Your offenses consisted of a two hour period of unauthorized
absence
(ID) card.
this period.
(UA) and possession of a false military identification
However, you were also advanced to LCPL (E-3) during
On 1 March 1962 you were informed during an investigation that
you were suspected of homosexual conduct.
statement to the effect that you had participated in homosexual
acts prior to going overseas in August 1960 and upon your return
in September 1961.
knew to be homosexual and those with whom you had homosexual
relations.
You stated you allowed these individuals to perform
You provided the names of individuals you
You made a voluntary
oral
stay
sex on you and went home with
while you were UA.
th'am for money and a place to
March 1962 you were convicted by special court-martial of a
On 7
46 day period of UA, possession of two military ID cards, making
a false official statement,
were sentenced to confinement at hard labor for six months,
forfeitures of $70 pay per month for six months, and reduction in
rate to PVT (E-l).
reduced the confinement and forfeitures to four months.
8 March 1962 the convening authority
and altering a military ID card.
On
You
You were evaluated by a psychiatrist on 3 May 1962 and were found
to be competent and responsible for your actions, and were not
considered to be a homosexual from a medical standpoint.
Thereafter, charges were preferred against you for two
specifications of sodomy.
undesirable discharge for the good of the service in lieu of
trial by general court-martial.
discharge board recommended that you be separated with an
undesirable discharge by reason of unfitness.
the Commandant of the Marine Corps directed an undesirable
discharge by reason of unfitness due to homosexual acts.
were so discharged on 21 June 1962.
You then agreed to accept an
On 8 June 1962 an administrative
On 14 June 1962
You
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your regret for the
actions which led to your discharge, character references, your
.letter, and the fact that it has been more than 39 years
wife's
since you were discharged.
and need veterans' medical benefits.
your contention to the effect that you were accused of
associating with homosexuals and went UA because you were
threatened.
evidence of record nor by any evidence submitted in support of
your application.
The Board noted that you are disabled
The Board also was aware of
However, your contention is neither supported by the
The Board was aware of the significant changes
in the policy governing the characterization of service for those
discharged due to homosexual acts.
conduct falls within at least one of the aggravating factors set
forth in current regulations.
were performed for compensation.
Thus, even under current
standards, a discharge under other than honorable conditions
would be appropriate.
convictions by a summary and special court-martial, and the
aggravated nature of your homosexual acts precluded
recharacterization of your discharge to fully honorable service
or under honorable conditions.
veterans medical. benefits does not provide a valid basis for
relief_
and no change is warranted.
been denied: The names and
be furnished upon request.
The Board thus concluded that the discharge was proper
Accordingly, your application has
Specifically, your homosexual acts
The Board concluded that an NJP,
f'act that you are in need of
However, your homosexual
votes of
the-members
of the panel will
The
2
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
3
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