DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4001-00
27 March 2001
Your allegations of error and
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 March 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.
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 Navy on 20 April 1957
after more than nine years of prior active service.
November 1957 you made a sworn statement to the effect that you
The first act occurred when
had committed two homosexual acts.
While it is unclear
you, as an
whether or not you were his supervisor,
his penis while he was asleep.
actions, the ET3 immediately packed his bag and left the room.
The second homosexual act occurred while you were on liberty from
In this case, it
your ship in the French Alps with another ET3.
is clear that you were his supervisor and that you requested a
Under the threat of suicide, you coerced
sexual favor from him.
him into letting you hold his penis.
On 2 April 1958 a special court-martial convened and convicted
you of an unauthorized absence of 99 days.
On 28 July 1958 the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
ETl, rented a room with a ET3.
On 15
you did admit to fondling
Upon waking up due to your
After review by the discharge
due to the homosexual acts.
authority, the recommendation for separation was approved and on
13 August 1958 you were discharged with an undesirable discharge.
On 3 July 1979 the Naval Discharge Review Board (NDRB) changed
your discharge to general by reason of unfitness.
In its review of your application the Board carefully weighed all
such as the contention that NDRB
potentially mitigating factors,
court-
denied you an honorable discharge because of your special
However, the Board concluded that these factors were
martial.
not sufficient to warrant recharacterization of your discharge
due to the circumstances surrounding your homosexual activity
since your homosexual conduct falls within at least one of the
aggravating factors set forth in current regulations.
Specifically, it appeared to the Board that both homosexual acts
fear or coercion on your part, and the
occurred through force,
last homosexual act
that violate customary naval superior-subordinate relationships.
Thus, even under current standards, you were fortunate that NDRB
directed a general discharge.
In view of the foregoing, the Board has concluded that the facts
and circumstances of your case fail to show either a material
error or an injustice.
denied.
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.
The names and votes of the members of the panel will be
occurrred with a subordinate in circumstances
Accordingly, your application has been
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2007 | 06161-07
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 were commissioned as an ensign in the Navy on 6 June 1945. You were so...
NAVY | BCNR | CY2007 | 06161-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2008. 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. In its review of your application the Board carefully weighed all potentially mitigating factors, such as your overall record of service in the Navy,...
NAVY | BCNR | CY2002 | 04727-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 2 July 1954 you received NJP for three The punishment imposed was 14 The On 13 October 1955 you were convicted by a special court martial of unauthorized absence from 30 August to 17 September 1955, a period of 19...
NAVY | BCNR | CY2002 | 00530-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2002. 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. The Board also...
NAVY | BCNR | CY2012 | 04900 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2013. 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. In your case, the Board found aggravating factors.
NAVY | BCNR | CY2006 | 02019-06
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 Marine Corps on 7 October 1959 after nine years of prior...
NAVY | BCNR | CY2010 | 09424-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 11001 12
A three- ~member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 2013. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, . 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.
NAVY | BCNR | CY2002 | 07861-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2003. 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. On 8 September 1958 you submitted a written request for an administrative discharge.
NAVY | BCNR | CY2001 | 03168-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. to the Navy from civilian confinement on 27 September 1960. authority directed an undesirable discharge and you were so discharged on 31 October 1960.