DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3917-02
11 December 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 10 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 18 August 1980 at the age of 22.
24 February 1981 you received nonjudicial punishment
36 day period of authorized absence (UA) and were awarded a $500
forfeiture of pay and extra duty and restriction for 45 days.
On
(NJP) for a
On 16 June 1981 you were convicted by civil authorities of
attempted robbery.
years, one year of which was suspended.
received NJP for three periods of UA totalling 63 days and were
awarded a $500 forfeiture of pay.
You were sentenced to confinement for two
On 2 December 1981 you
On 8 February 1982 you submitted a written statement in which you
admitted to participating in homosexual acts.
1982 you were notified of pending administrative separation
action by reason of homosexuality.
right to consult with legal counsel and to submitted a statement
of rebuttal to the discharge.
recommended an other than honorable discharge by reason of
homosexual acts.
However, on 5 March 1982, prior to approval of
Your commanding officer then
At that time you waived your
On 14 February
On 8
this recommendation, you began the 12 day period of UA.
March 1982 the discharge authority directed discharge be held in
On 19 March 1982 you
abeyance pending termination of your UA.
The punishment imposed
received NJP for a 12 day period of UA.
was reduction to
On 23 March 1982 you were again notified
extra duty for 24 days.
of administrative separation by reason of misconduct due to civil
conviction and homosexuality,
to consult legal counsel, present your case to an administrative
discharge board, or to submit a statement in rebuttal to the
discharge action.
paygrade E-l, a $200 forfeiture of pay, and
at which time you waived your right
On 5 April 1982 the discharge authority directed an other than
honorable discharge by reason of misconduct.
However, on 15
April 1982, you began another period of UA that was not
terminated until you were arrested by civil authorities on 7 May
1982 for attempted theft.
notified the discharge authority that you were again in a UA
status as evidenced by your civil confinement while pending trial
for attempted theft, and requested you be discharged by reason
misconduct due to civil conviction.
This request was approved
and the discharge authority directed an other than honorable
discharge by reason misconduct due to civil conviction. On 15
July 1982, while in custody of civil authorities, you were
discharge under other than honorable conditions.
On 17 May 1982 your commanding officer
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
and your contention that you were
given an other than honorable discharge because you were a
homosexual.
of your discharge was not warranted because of your serious and
repetitive misconduct in both the military and civilian
communities.
Further, the Board noted that you were originally
processed for separation due to your admission of homosexuality,
but were reprocessed by reason of misconduct due to civil
conviction.
Accordingly, your application has been denied.
Nevertheless, the Board concluded recharacterization
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.
2
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
3
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