DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3784-99
27 June 2000
Your allegations of error and
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 20 June 2000.
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.
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.
The Board found that you enlisted in the Marine Corps on 27 June
1958 at age 18.
You then served without incident for more than two years.
The
record reflects that on 3 July and 6 August 1960 you engaged in
acts of sodomy with the same Marine aboard ship.
On the latter
date, your homosexual act was observed by another person.
On 24
August 1960 you made a sworn statement to an agent of the Office
of Naval Intelligence that you had committed a homosexual act
with a fellow Marine aboard ship.
On 2 November 1960 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
unfitness due to homosexual acts.
with counsel.
After review by the discharge authority, the
recommendation was approved and you were discharged with an
undesirable discharge on 6 December 1960.
In its review of your application the Board carefully weighed all
You appeared before this board
such as your youth and immaturity
potentially mitigating factors,
However, the Board concluded
and the period of good service.
that these factors were not sufficient to warrant
recharacterization of your discharge due to the circumstances
surrounding your homosexual activity since your homosexual
conduct falls within at least one of the aggravating factors set
forth in current regulations.
Specifically, it appeared to the
Board that the homosexual acts occurred on board a naval vessel
and at least one act took place openly and in public view.
even under current standards,
a discharge under other than
honorable conditions would be appropriate in your case.
of the foregoing, the Board has concluded that the facts and
circumstances of your case fail to show either a material error
or injustice.
Accordingly, your application has been denied.
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.
Thus,
In view
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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