Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 07777-05
Original file (07777-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
 WASHINGTON DC 20370

                 
                                                                                          CRS
Docket No: 7777-05
27 February 2007




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 7 February 2007. 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 Navy on 6 January 1944. Although the request for discharge is not in your record, it appears that you subsequently requested an undesirable discharge in order to avoid trial by court-martial for a homosexual act. According to your own account, the homosexual act was committed aboard a naval vessel when you fondled another Sailor while he was sleeping. It appears that your request was granted and, as a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. The record clearly shows that on 6 January 1944 you received an undesirable discharge for the good of the service in order to escape trial.
In its review of your application the Board carefully weighted all potentially mitigating factors, such as your contention that the discharge was unjust. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterjzation 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 by using force, coercion, or intimidation; or aboard a naval vessel. 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,
2

Similar Decisions

  • NAVY | BCNR | CY1999 | 06404-99

    Original file (06404-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 May 1999. 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. Such an act is sufficient under current standards to warrant an other than honorable discharge, since such a characterization is authorized if an individual commits a...

  • NAVY | BCNR | CY2003 | 00482-03

    Original file (00482-03.pdf) Auto-classification: Denied

    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. 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...

  • NAVY | BCNR | CY2007 | 09713-07

    Original file (09713-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2008. The Board noted that even if you had been discharged due to your commission of consensual homosexual acts, the application of current standards would not result in a more favorable discharge given the numerous aggravating factors present in your case, to include committing homosexual acts in public view and while aboard a naval vessel. ...

  • NAVY | BCNR | CY2001 | 03784-99

    Original file (03784-99.pdf) Auto-classification: Denied

    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. On 2 November 1960 an administrative discharge board recommended that you be separated with an undesirable discharge by reason of unfitness due to homosexual acts. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...

  • NAVY | BCNR | CY2010 | 10614-10

    Original file (10614-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 July 2011. 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. In your case, since the activity occurred onboard a naval vessel, it is sufficient even under current standards to warrant an OTH discharge.

  • NAVY | BCNR | CY2009 | 01709-09

    Original file (01709-09.pdf) Auto-classification: Denied

    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. On 14 November 1991 your commanding officer recommended separation under honorable conditions even though your homosexual conduct occurred on board your ship. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2001 | 07933-00

    Original file (07933-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 29 July 1952 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for participating in homosexual acts. Your request was granted on 16 August 1952 and as a result...

  • NAVY | BCNR | CY2013 | NR6798 13

    Original file (NR6798 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 July 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2010 | 06294-10

    Original file (06294-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2011. At that time you waived your rights to consult with legal counsel and to present your case Lo an administrative discharge board (ADB). 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.

  • NAVY | BCNR | CY2012 | 04144-12

    Original file (04144-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2013. As a result of the ONI investigation, on 25 September 1968, administrative discharge action was initiated and it was recommended that you receive an undesirable discharge by reason of unfitness due to engaging in a homosexual act on 15 July 1968. In your case, the Board found an aggravating factor.