DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
’
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 7933-00
18 April 2001
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 10 April 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.
The Board found you reenlisted in the Navy on 10 October 1951
after two years of prior honorable service.
that on 11 January 1952 you were convicted by summary
martial (SCM) of a 17 day period of unauthorized absence
You were sentenced to confinement at hard labor for 15 days and a
$30 forfeiture of pay.
special court-martial
indecent language, and drunkenness while on duty.
sentenced to confinement at hard labor for two months and a $100
forfeiture of pay.
(SPCM) of disobedience, use of profane and
On 9 July 1952 you were convicted by
You were
Your record reflects
court-
(UA).
Your record contains two written statements which indicate that,
while you were in confinement,
you participated in homosexual
acts with another prisoner.
On 29 July 1952 you submitted a
written request for an undesirable discharge in order to avoid
trial by court-martial for participating in homosexual acts.
Your record also reflects that prior to submitting this request,
you conferred with a qualified military lawyer at which time you
were advised of your rights and warned of the probable adverse
consequences of accepting such a discharge.
Subsequently, your
On 29 August 1952 you received an
commanding officer recommended that you be issued an undesirable
discharge by reason of unfitness due to homosexual involvement.
Your request was granted on 16 August 1952 and as a result of
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
undesirable discharge by reason of unfitness due to
homosexuality.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
The Board also considered your
your prior honorable service.
contention that you were told to say that you were a homosexual
so that you would be released from confinement and subsequently
discharged.
contention were not sufficient to warrant recharacterization of
your discharge given your misconduct and your request for
separation due to your homosexual acts which occurred in the
brig.
adverse impact on discipline and morale comparable to the impact
of such activity aboard a vessel or aircraft.
under the current standards concerning discharges due to
homosexuality, discharge under other than honorable conditions
would be appropriate.
the benefit of your bargain with the Navy when you were
discharged at your request rather than being tried by
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.
Given this aggravating circumstance, these acts had an
However, the Board concluded these factors and
Accordingly, your application has been denied.
The Board also concluded that you received'
Accordingly, even
court-
Finally, the Board
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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