DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No: 7365-99
27 June 2000
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 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.
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.
The Board found that you enlisted in the Marine Corps on 8
October 1963 at age 17.
statement, in a command investigation, that you had committed
homosexual acts with civilians for money while on active duty.
On 3 February 1965 you made a voluntary
On 3 March 1965 the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
due to homosexual acts.
elected to waive your right to present your case to an
After review by the discharge
administrative discharge board.
authority, the commanding officer's recommendation was approved
and you were discharged with an undesirable discharge on 9 April
1965.
When informed of the recommendation, you
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that the law has changed.
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the circumstances
such as your youth and immaturity
However, the Board
surrounding your homosexual activity since your homosexual
conduct falls within at least one of the aggravating factors set
forth in current regulations.
Board that you engaged in homosexual acts for money.
under current standards,
conditions would be appropriate in your case.
foregoing, the Board has concluded that the facts and
circumstances of your case fail to show either a material error
or injustice.
The names and votes of the members of the panel will be furnished
upon request.
a discharge under other than honorable
In view of the
Accordingly, your application has been denied.
Specifically, it appeared to the
Thus, even
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.
gncerely,
\
2
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