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NAVY | BCNR | CY2005 | 02540-05
Original file (02540-05.rtf) Auto-classification: Denied

                  CRS
 Docket No: 2540-05
9 March 2006





This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the 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 23 February 2006. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you reenlisted in the Navy after more than four years of prior active service. The record reflects that a general court-martial convened on 10 October 1956 and found you guilty of an unauthorized absence of 75 days. Subsequently, on 24 October 1956 you made a sworn statement that you accepted money from other individuals to perform homosexual acts.
On 19 November 1956 your commanding officer recommended that you be separated with an undesirable discharge by reason of unfitness due to homosexual acts. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation was approved and on 13 December 1956 you were discharged with an undesirable discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge. In this regard, the Board noted that current policy provides that the characterization of service for individuals such as yourself who commit homosexual acts for compensation. Therefore, the Board concluded that no change to the
discharge is warranted. 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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