DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370.510
0
TJR
Docket No: 5637-00
26 February 2001
.-
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 13 February 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.
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 6 May 1953 at
Your record reflects that you served for about a
the age of 17.
year and two months without incident but on 24 August 1954 you
were convicted by special court-martial (SPCM) of a 29 day period
of unauthorized absence (UA) and possession of a false liberty
card.
months, a $50 forfeiture of pay, and reduction to
You were sentenced to confinement at hard labor for three
paygrade E-l.
Your record further reflects that on 16 September 1954 you_
submitted a written statement admitting to participating in
homosexual acts.
these acts occurred in parked cars,
stole $110 from your
were confronted.
request for an undesirable discharge in order to avoid trial by
court-martial for participating in homosexual acts.
also shows 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.
and that on one occasion you
coactor's wallet and assaulted him after you
Subsequently, your commanding
This statement noted, in part, that some of
At this same time you submitted a written
Your record
officer recommended that you be issued an undesirable discharge
The Board
by reason of unfitness due to homosexual involvement.
found your request was granted on 13 October 1954 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
You received the undesirable
and confinement at hard labor.
discharge on 3 December 1954.
good post service conduct, and
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
However, the Board concluded these
character reference letters.
factors were not sufficient to warrant recharacterization of your
discharge given the serious nature of your misconduct.
noted that not only did you admit to participating in homosexual
acts in what could be perceived as openly in public view, but you
also committed the offenses of theft and assault immediately
after one of these acts.
the nature of these acts were sufficient, even under current
standards, to warrant an other than honorable discharge.
Board also concluded that you received the benefit of your
bargain with the Marine Corps when you were discharged at your
request rather than being tried by court-martial, which could
have resulted in a lengthy period of confinement as well as a
punitive discharge.
was proper as issued and no change is warranted.
your application has been denied.
The Board further concluded your discharge
Accordingly,
Accordingly, the Board concluded that
The Board
The
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.
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
2
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