DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 3537-01
9 November 2001
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that prior to your enlistment you submitted
two written documents, a report of medical history and a
fraudulent enlistment warning,
in which you responded 'NO' to
questions pertaining to homosexual tendencies and participation
in homosexual activities.
Approximately four months later, on 15 July 1969, you
The Board found you enlisted in the Navy on 18 March 1969 at the
age of 20.
began a 141 day period of unauthorized absence (UA) that was not
terminated until you were apprehended by the Federal Bureau of
Investigation (FBI) on 3 December 1969.
also missed the movement of your ship.
During this period you
Subsequently, on 30 December 1969, you were convicted by special
court-martial (SPCM) of the foregoing 141 day period of UA and
sentenced to confinement at hard labor for four months, reduction
to
and forfeitures were suspended for four months.
paygrade E-l, and a $40 forfeiture of pay.
The confinement
On 14 January 1970, during a psychiatric examination, you
submitted a written statement in which you admitted that you
considered yourself to be bisexual and that you went UA due to a
On 27 January
fear that your homosexuality would be exposed.
1970, during an investigation regarding your homosexual
activities, you stated that your first homosexual act was at age
7 or 8 and consisted of active and passive acts, and when you
were older you would hustle queers (homosexuals) and they would
give you money.
You also stated that you committed active and
passive homosexual acts with your cousin and other people for
money, these acts occurred during the ages of 12 and 15,
last such act was in 1967.
You further stated as follows:
.and the
"To my way of thinking there is nothing wrong in having a
homosexual act if there aren't any women around.
understand myself what the Navy sees as wrong in
homosexuals, but I do realize that they don't want them in
I've been in the Navy
the service.
and the reason I went UA in the first place was the fear of
being caught in a homosexual act with someone in the
service."
My biggest fear since
I can't
On 28 January 1970 you were notified of pending administrative
separation action by reason of misconduct due to fraudulent
enlistment as evidenced by your concealment of pre-service
homosexuality and male prostitution.
rights to consult with legal counsel,
administrative discharge board, and to submit a statement in
rebuttal to the discharge.
On 9 February 1970 your commanding
officer recommended you be discharged under other than honorable
conditions by reason of misconduct due to fraudulent enlistment
because you concealed your pre-service homosexual activities.
Subsequently, the discharge authority directed an undesirable
discharge by reason of misconduct,
so discharged.
At that time you waived your
present your case to an
and on 3 March 1970 you were
and your contention that under current
However, the Board noted that your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
standards you could not received an undesirable discharge based
on your homosexuality.
pre-
service homosexuality activities included male prostitution, and
this factor is sufficient to warrant a
under current standards,
discharge under other than honorable conditions.
Further, the
Board noted that you were processed for separation due to
fraudulent enlistment and not homosexuality.
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge because of the
serious nature of your misconduct in concealing aggravated
homosexual activities, and your court-martial conviction for a
lengthy period of UA, both of which occurred during an enlistment
Therefore, the
2
which lasted less than a year.
your case, the Board concluded your discharge was proper as
issued and no change is warranted.
has been denied.
Given all the circumstances of
Accordingly, your application
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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