DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
11 December 2001
3168-01
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 4 December 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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.
.
You enlisted in the Navy on 9 June 1958 at age 17 and served
without incident until 9 March 1960.
On that date you received
nonjudicial punishment for wearing inappropriate civilian attire.
On 9 July 1960 you were arrested by civilian authorities on a
morals charge.
lieu of a $100 fine.
Subsequently, you were confined for 60 days in
On 28 July 1960 you made a statement to a Navy investigator in
which you admitted to being in a room with three others and
participating in homosexual acts.
on several occasions after committing homosexual acts with
individuals who picked you up on the street.
to the Navy from civilian confinement on 27 September 1960. On
12 October 1960 you were notified of separation processing by
reason of unfitness.
In connection with this processing, you
elected to waive your right to have your case heard by an
administrative discharge board.
authority directed an undesirable discharge and you were so
discharged on 31 October 1960.
After review, the discharge
You also admitted taking money
You were delivered
In its review of your application the Board carefully weighed all
The Board also considered your contention that under
such as your youth and limited
The Board found that these factors and
You state that you were asleep on the floor and the
potentially mitigating factors,
education.
current standards, you would not receive the same type of
discharge.
police assumed that you were participating in homosexual acts
with others in the room.
contentions were not sufficient to warrant recharacterization of
Current regulations allow for the issuance of a
your discharge.
discharge under other than honorable conditions if certain
aggravating factors are present.
your case are performance of a homosexual action openly in public
view and committing homosexual acts for compensation.
statement of 28 July 1960,
aggravating factors are present in your case.
Board concluded that the discharge was proper as issued and no
change is warranted.
the Board believed that both of these
Accordingly, the
Those factors, as they apply to
Given your
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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