DEPARTMENT O F THE NAVY
BOARD F O R C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 7861-02
27 May 2003
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 May 2003. Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 7 February 1958 after nearly four
years of prior honorable service. Approximately six months
later, on 15 August 1958, during an investigation into the
allegations of homosexual activity, two Sailors submitted written
statements to the effect that you were observed attempting to
commit a homosexual act with a Sailor who was asleep. On 21
August 1958 you submitted a written statement in which you
admitted to participated in homosexual acts with civilians and
with another Sailor that you believed was asleep.
On 4 September 1958 you received nonjudicial punishment (NJP) for
wrongfully committing an indecent, lewd, and lascivious act. The
punishment imposed was a reduction in paygrade.
On 8 September 1958 you submitted a written request for an
administrative discharge. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board. Your commanding officer then
recommended an undesirable discharge by reason of unfitness. On
18 September 1958 the discharge authority directed an undesirable
discharge by reason of unfitness, and on 16 October 1958 you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and your
contention that the events which resulted in your discharge were
based on hearsay and you did not intentionally touch a Sailor in
a homosexual fashion. Nevertheless, the Board concluded these
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your misconduct, and
your admission at the time that you participated in homosexual
acts. The Board noted that you committed a homosexual act on a
sleeping individual, and this act was committed openly in public
view. In other words, your homosexual act on an individual who
was asleep was observed by others. Even under current standards,
such homosexual activity would result in discharge under other
than honorable conditions. Accordingly, your application has
been denied.
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
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