- DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS
Docket No: 6003-05
24 November 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 15 November 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 enlisted in the Marine Corps on 23
October 1953. The record reflects that you received two
nonjudicial punishments and were convicted by a special court-
martial. Your offenses included unauthorized absences totaling —
27 days, violation of a lawful general regulation, and breaking
restriction on two occasions. Subsequently, you made a sworn
statement that you accepted money from other individuals to
perform homosexual acts. .
On 27 December 1955 your commanding officer recommended that you
be separated with an undesirable discharge by reason of unfitness
due to homosexuality. 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 20 March 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 discharged due to homosexuality will not
normally be under other than honorable conditions. Nevertheless,
such a characterization is authorized 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,
LS
W. DEAN PFE
Executive Dire
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