DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 00871-03
29 August 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, considered your
Your allegations of error and
application on 27 August 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
, Board.
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.
The Board found you reenlisted in the Naval Reserve on 23 August
World‘War
1946 after about 13 months of prior active service in
II.
recalled to active duty on 4 October 1950.
1 April 1951 for outstanding performance of duty from December
1950 to March 1951.
In a written statement of 23 July 1951, you admitted to four
homosexual acts.
you admitted to.participating in five homosexual acts in the past
two months.
‘for remuneration."
"payment that had been agreed upon but was never received."
On 26 July 1951, after you were confronted with court-martial
charges, you submitted a written request for an undesirable
discharge in order to avoid trial by court-martial for
You performed the first act as a passive participant
One day later, during a medical examination,
You then served in an inactive status until you were
You were commended on
The four other acts were performed for
On 16 August 1951, a board in
participating in homosexual acts.
the Bureau of Naval Personnel recommended that you be issued an
undesirable discharge by reason of unfitness due to homosexual
On 21 August 1951, the Chief of Naval Personnel
involvement.
on 31 August 1951, you
directed an undesirable discharge and,
were so discharged.
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors such as your youth and
immaturity, the length of time that has passed since you were
discharged from the Navy, your prior service during World War II
and the Korean Conflict, and your contentions that you are not a
homosexual.
contention were not sufficient to warrant recharacterization of
your discharge given your admission to homosexual activity. In
this regard, the Board noted that you admitted to participating
in homosexual acts for compensation.
sufficient, even under current standards to warrant discharge
under other than honorable conditions.
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
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.
This aggravating factor is
The Board concluded your
However, the Board concluded these factors and
The names and
W. DEAN PFE
Executive Dire
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