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NAVY | BCNR | CY2006 | 02019-06
Original file (02019-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                                      CRS
Docket No: 2019-06
 29 June 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 20 June 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 reenlisted in the Marine Corps on 7 October 1959 after nine years of prior active service. On 5 November 1961, while serving as a gunnery sergeant (GYSGT; E-6), you engaged in a homosexual act with a private first class (PFC; E-2) in the base theater. On 31 March 1992 you engaged in a homosexual act with another PFC in a hotel room.
On 13 April 1962 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, and your rights in connection therewith, you waived the right to present your case to an administrative discharge board. The discharge authority approved the recommendation and you were discharged on 24 April 1962 with an undesirable discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your Purple Heart and your combat service in Korea. The Board concluded that those factors were not sufficient to warrant recharacterjzatjon of your discharge. In this regard, the Board noted that current policy
 provides that the characterization of service for individuals discharged for homosexuality will not normally be under other than honorable conditions. However, such a characterization is authorized for individuals such as yourself who commit homosexual acts in a location under military control and/or with a subordinate in circumstances that violate customary naval superior-subordinate relationships. 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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