DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
WASHINGTON DC 20370.510
X
0
TJR
Docket No: 4677-00
22 January 2001
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 9 January 2001.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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.
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.
The Board found you enlisted in the Marine Corps on 25 January
1971 at the age of 17.
Your record reflects that on 12 August
1971, following an investigation,
statements in which they noted, in part, that they observed you
participating in homosexual acts with another Marine who was
inebriated and had passed out.
written statement confirming your participation in the foregoing
homosexual act.
homosexual acts since the age of 13.
You also stated that you had participated in
On 16 August 1971 you submitted a
three witnesses submitted sworn
Your record contains a page 5 entry which reflects a 50
period of unauthorized absence (UA), from 21 October to 10
December 1971, and notes that you were declared a deserter during
this period of UA.
disciplinary action taken for this misconduct.
However, the record does not reflect that any
day-
Subsequently, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for
participating in the homosexual acts.
that prior to submitting this request, you conferred with a
qualified military lawyer at which time you were advised of your
rights and warned of the probable adverse consequences of
accepting such a discharge.
Your commanding officer recommended
Your record also reflects
The Board found your
that you be issued an undesirable discharge by reason of
unfitness due to homosexual involvement.
request was granted and as a result of this action, you were
spared the stigma of a court-martial conviction and the potential
penalties of a punitive discharge and confinement at hard labor.
You received the undesirable discharge on 10 February 1972.
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 contentions that you were
homesick, never admitted to participating in homosexual acts, and
were discharged for only knowing a homosexual.
Board concluded these factors and contentions were not sufficient
to warrant recharacterization of your discharge.
that not only did you admit to participating in homosexual acts
since the age of 13, you further admitted that you participated
in a homosexual act with an unwilling, inebriated, and
unconscious partner in the presence of other Marines.
activity is more than sufficient, even under current standards,
The Board also
to warrant an other than honorable discharge.
concluded that you received the benefit of your bargain with the
Marine Corps when you were discharged at your request rather than
which could have resulted in a
being tried by court-martial,
lengthy period of confinement as well as a punitive discharge.
The Board concluded your discharge was proper as issued and no
change is warranted.
denied.
Accordingly, your application has been
However, the
The Board noted
Such
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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