DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1453-03
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, considered your
application on 28 October 2003.
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 12 October 1949 after two years of
prior honorable service.
About a year later, on 6 October 1950,
you received captain's mast (CM) for drunkenness and not having
an identification or liberty card.
July 1951 for drunkenness.
On 18 January and again on 25 March 1952 you received nonjudicial
punishment (NJP) for two periods of unauthorized absence (UA)
totalling nine days.
On 4 September 1952 you were convicted by
civil authorities of parking for immoral purposes on the night of
25 August 1952 and were sentenced to a $50 fine.
On 12 September
1952 civil authorities submitted a written statement to your
command to the effect that a police officer had witnessed you, in
the presence of two other men,
with a third man.
participating in a homosexual act
Your allegations of error and
You also received CM on 23
Subsequently, you
On 17
Finally,
for,immoral purposes.
You received CM on 15 September 1952 for a 10 day period of UA,
At that time you
failure to obey a lawful order, and sodomy.
were recommended for an undesirable discharge.
submitted a written statement in which you noted that you and a
friend had picked up two homosexuals with the intent of 'beating
them up,' but were arrested by civil authorities and charged for
parking
You also submitted a written in
which you agreed to accept an undesirable discharge.
September 1952 your commanding officer recommended an undesirable
discharge by reason of unfitness due to homosexual involvement.
On 9 October 1952 the recommendation was approved, and you
received the undesirable discharge on 22 October 1952.
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
assertions that clemency is warranted in your case because it is
an injustice for you to continue to suffer the consequences of an
undesirable discharge and that the punishment you received was
too harsh.
It also considered your assertions that under current
standards you would not receive an undesirable discharge, and you
were not given the opportunity to consult with legal counsel.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your participation in a homosexual act that occurred openly and
in public view, specifically,
in full view of the other two men
in the car.
current standards to warrant an undesirable discharge.
there was no requirement at the time that you be permitted to
consult with military counsel at any time during separation
Accordingly, your application has been denied.
processing.
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.
This aggravating factor is sufficient, even under
Sincerely,
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