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NAVY | BCNR | CY2006 | 07582-06
Original file (07582-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECT!ON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
                                                                                          Docket No: 7582-06
                                                                                          6 July 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. tour 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 26 July 1951. on 30 September 1953 a board of officers recommended that you be separated with an undesirable discharge by reason of the good of the service to escape trial by court-martial. This was based on your committing an observed homosexual act on base while in the men’s shower room. You also admitted that you were a homosexual prior to your enlistment. After review by the discharge authority, the recommendation for separation was approved and on 15 October 1953 you were discharged with an undesirable discharge.









In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that you are not a homosexual and that you did not commit the act that resulted in your discharge. The Board concluded that those factors were not sufficient to warrant recharacterizatjon 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. However, such a characterization is authorized for individuals such as yourself who commit homosexual acts on base and in public view. In addition, it rejected your unsubstantiated contention that you did not engage in homosexual acts as charged. 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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