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NAVY | BCNR | CY2002 | 04001-00
Original file (04001-00.pdf) Auto-classification: Denied
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



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