DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8158-06
4 February 2008
This is in reference to your application for correction of your
late husband’s 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 Nava]
Records, sitting in executive session, considered your
application on 16 January 2008, 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 your husband enlisted in the Navy on 22
January 1957. He received two nonjudicial punishments, for
possession of another man’s clothing and possession of four
knives and a razor that were government property. On 19 May 1959
he made written statements in which he admitted that he had ©
brought a gun onboard his ship, and that he had committed
homosexual acts with a civilian, as well as with a Sailor in the
ship’s berthing area, which he solicited. on 12 June 1959 his
commanding officer recommended that he be separated from the Navy
by reason of unfitness, with an undesirable discharge. He was
discharged on 7 July 1959 in accordance with the approved
recommendation of his commanding officer.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your husband’s youth at
the time in question, his lifelong regret and shame over his
conduct, his good post service and his being a good father to
seven children. The Board concluded that those factors were
insufficient to warrant recharacterization of his 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 your husband who commit homosexual acts
onboard a ship, in public view, or who solicit another individual
to commit a homosexual act. Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the
Board to upgrade his discharge, 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 PF]
Executive Di
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