DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
20370-5100
TJR
Docket No: 482-03
30 October 2003
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, reconsidered your
application on 28 October 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
injustice.
erroror
You enlisted in the Navy on 23 January 1951 at age 20.
served well for more than three years, although the record
indicates that you may have received nonjudicial punishment in
June 1952.
petty officer second class (SK2; E-5).
During this period, you were advanced in rate to
You
Subsequently, you
Seaman
(SN) M, submitted a
In March 1994 a suspected homosexual,
statement to the effect that in 1952, he participated in a
homosexual act with you while aboard ship.
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for participating in this
homosexual act.
duty or a general discharge.
Subsequently, the commanding
officer forwarded your case to the Chief of Naval Personnel
(CNP).
discharge board,
received the undesirable discharge on 28 May 1954.
after a hearing before an administrative
CNP directed an undesirable discharge.
By separate letter,
you requested restoration to
On 6 May 1954,
You
.
On 7 January 1955 the Naval Discharge Review Board denied your
request for recharacterization of your service noting, in part,
that there was sufficient evidence of your involvement to warrant
trial by court-martial, and that you elected the undesirable
discharge after being confronted with charges and specifications
alleging immoral conduct.
Secretary of the Navy approved a recommendation of this Board to
upgrade your discharge to general based on your overall exemplary
record and because an undesirable discharge for a single,
marginal homosexual act was unduly severe.
However, on 24 August 1964, the Under
and the American Legion statement
In its most recent review of your entire record and application,
the Board carefully weighed all potentially mitigating factors,
such as your youth and immaturity, post service conduct,
character reference letters,
provided in support of your case.
The Board also noted your
contention that you were victimized by racial discrimination.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant further recharacterization of your
discharge because of your participation in a homosexual act
aboard a naval vessel, which is sufficient even under current
standards to warrant discharge under other than honorable
conditions.
The Board therefore concluded that you were
fortunate to receive an upgrade to a general discharge.
Additionally, the record contains no evidence, and you have
submitted none, to substantiate your contention of racial
discrimination.
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,
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