DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL
NAVY
2
ANNEX
RECORD
S
WASHINGTON DC 20370.510
0
WMP
Docket No:
18 November 2002
4727-02
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
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 14 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 enlisted in the Marine Corps on 21
October 1953 for four years at age 17.
you served without incident until 1 March 1954 when you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
The punishment imposed was a reprimand.
The record reflects that
On 7 April 1954 you received NJP for eight days of unauthorized
absence from 23 to 30 March 1954.
days of restriction.
days of unauthorized absence from 28 to 30 June 1954.
punishment imposed was 14 days of restriction.
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 days.
You were sentenced to a forfeiture of $90
and reduction to private.
authority approved the adjudged sentence and ordered its
execution.
On 28 October 1955, the convening
On 3 May 1957 you provided a statement concerning your
homosexual conduct and drug use.
an investigation was conducted,
1957, and substantiated your claims.
As a result of this statement
which was completed on 19 May
you were recommended for an undesirable
On 29 May 1957,
discharge by reason of unfitness based on your homosexual
admissions.
rights and requested an undesirable discharge for the good of
the service in lieu of a trial by court martial.
You were advised of and waived all your procedural
On 12 June 1957, your commanding officer forwarded your request
for an undesirable discharge by reason of unfitness to the
Commandant of the Marine Corps
discharge on 8 July 1957.
(CMC), who approved your
On 16 July 1957, you again received NJP for a period of
unauthorized absence from 9 April to 3 May 1957, a period of 25
days.
The punishment imposed was reduction to private.
On 19 July 1957 you received the previously approved undesirable
discharge by reason of unfitness.
On 20 April 1960, the Naval Discharge Review Board
considered your case and concluded that your undesirable
discharge correctly reflected your period of service and that no
change was warranted.
(NDRB)
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that your discharge was based on
fraudulent information.
However, the Board is not sympathetic
to individuals who obtain discharges through fraudulent means.
It is well established in law that an individual who perpetrates
fraud in order to be discharged should not benefit from the
fraud when it is later discovered.
Further, the Board has no
way of determining what your true statement is, the one you are
making now, or the statement you made to extricate yourself from
your enlistment.
Additionally, the Board concluded that your
NJP's and conviction by a special court-martial coupled
four
with your homosexual admissions clearly supported the
Finally, your
undesirable discharge by reason of unfitness.
statement in 1957 indicates that some of your homosexual acts
Even under
occurred in a parked car on the side of a road.
current standards, homosexual acts committed openly and in
public view may result in a discharge under other than honorable
Accordingly, even if your 1957 statement was true,
conditions.
the undesirable discharge is appropriate.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Accordingly, your
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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