DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 3557-02
9 May 200 2
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 8 May 2002.
Your allegations of error and
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 reenlisted in the Naval Reserve after
one year of prior active service.
were convicted by a special court-martial of an unauthorized
absence of a day and missing movement.
Subsequently, in a
written statement of 16 April 1952,
homosexual acts.
The record reflects that you
you acknowledged committing
On 28 April 1952 the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
due to homosexual acts.
the recommendation was approved and you were discharged with an
undesirable discharge on 20 June 1952.
After review by the discharge authority,
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you lied about being-homosexual since you
could not stand being seasick any longer.
concluded that these factors were not sufficient to warrant
recharacterization of your discharge.
such as your youth and immaturity
In this regard, the Board
However, the Board
noted that current policy states that characterization of service
for individuals discharged for homosexuality will not normally be
However, the Board also
under other than honorable conditions.
noted that you lied about being homosexual in order to be
discharged.
The law is very clear that an individual who
procures a discharge by fraud should not benefit from the fraud
Accordingly, your application has been
when it is discovered.
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
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
2
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