DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1068-01
28 June 2001
Dear
,
-
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 26 June 2001.
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 reenlisted in the Navy on 5 February 1960
after four years of prior honorable service.
Your record reflects that on 1 August 1960, during an
investigation by the Office of Naval Intelligence, you submitted
a written statement in which you admitted to participating in
homosexual acts with other Sailors while aboard ship, for monies,
Shortly thereafter,
and upon unwilling/sleeping partners.
administrative separation action was initiated by reason of
At that time you
unfitness due to homosexual involvement.
elected not to make a statement in response to the proposed
action.
you be issued an' undesirable discharge by reason of unfitness due
to homosexual involvement.
undesirable discharge and on 13 September 1960 you were so
discharged.
Subsequently, your commanding officer recommended that
The discharge authority directed an
The.Board, in its review of your application and entire record,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that because you
were unjustly discharged for alleged homosexual behavior, you
should be awarded all back benefits and entitlements.
However,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your written statement
in which you admitted to participating in homosexual acts.
The
Board noted that, even under current standards, homosexual acts
I performed without the consent of the other party, acts performed
aboard ship, and acts performed for compensation, are sufficient
to warrant an other than honorable discharge.
concluded that you received the benefit 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.
concluded your discharge was proper as issued and no change is
warranted.
Accordingly, your application has been denied.
The Board also
The Board
The Board further noted that as a result of your prior honorable
service you may be eligible for veterans' benefits and should
contact the nearest office of Department of Veterans Affairs if
you desire clarification about your eligibility for such
benefits.
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
2
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