DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1339-02
15 August 2002
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 13 August 2002.
injustice were reviewed in accordance with administrative
procedures.applicable to the proceedings of this
regulations and
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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.
You enlisted in the Navy on 16 September 1957 at the age of 17.
On 26 February 1960, after undergoing a psychiatric evaluation,
you reported that you had an homosexual affair about a year prior
to being hospitalized, and that you had committed sodomy with two
children, ages
At that time
sexual deviate with homosexuality and pedophilia.
you were found to be legally sane, and there was no evidence of
any psychotic or neurotic trends.
your own defense and knew right from wrong.
subsequently found fit for full duty, and recommended for an
administrative separation.
You were then diagnosed as an overt
8 and 9.
You were able to cooperate in
You were
Subsequently, you were processed for an administrative separation
by reason of unfitness due to homosexuality as evidenced by your
admission to participating in homosexual activities.
discharge authority directed an undesirable discharge, and on 25
March 1960 you were so discharged.
The
in
its review of your entire record and application,
The Board,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention that at the time of your
discharge, homosexuality was classified as a mental disorder. It
also considered your contention that you were not properly
evaluated or diagnosed as homosexual,
treatment for the diagnosed homosexuality.
Board found these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your admission
to participating in homosexual activities, especially, your
homosexual involvement with children.
Even under today's
standards, an individual who commits homosexual acts with a
person under the age of 16 may be discharged under other than
Further, there is no evidence in the
honorable conditions.
record, and you submitted none, to support your contentions of
being improperly diagnosed as homosexual, or improperly denied
treatment for homosexuality.
been denied.
Accordingly, your application has
and that you were not given
Nevertheless, the
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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