DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10381-06
20 February 2008
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
kecords, sitting in executive session, considered your
an 12 February 2908 Your allegations of error and
applicariogn
ewed in accordance with administrative
Cd Nee se ea
ca bly) Ghee oe ee ee ll
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 7 January 1974.
On 27 March 1976 you made a statement in which you admitted that
you had engaged in homosexual acts with civilians, as well as
onboard your ship in the berthing area. On 29 June 1976 your
commanding officer recommended that you be separated from the
Navy by reason of misconduct, with a general discharge. He
recommended a general discharge when you openly admitted your
homosexual activities, and agreed to waive your right to an
administrative discharge board in return for a general discharge.
You were discharged on 19 July 1976 in accordance with the
approved recommendation of your commanding officer.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth at the time in
question and your belief that your discharge has already been
upgraded. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge. In
this regard, the Board noted that current policy provides that
the characterization of service for individuals discharged for
homosexuality will normally be a general or honorable discharge;
however, a characterization of other than honorable conditions is
authorized for individuals who commit homosexual acts onboard a
ship and in public view. In addition, you in effect, requested a
general discharge. Accordingly, and as you have not demonstrated
that it would be in the interest of justice for the Board to
upgrade your 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,
NAVY | BCNR | CY2007 | 04216-07
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2006 | 08158-06
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2011 | 04667-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2012. 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, you committed these acts while onboard a naval vessel under aggravating circumstances, which is not acceptable in today’s Navy,...
NAVY | BCNR | CY2014 | NR5905 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. In your case, you engaged in homosexual acts onboard a Naval vessel, which is sufficient even under current standards to warrant an OTH discharge.
NAVY | BCNR | CY2011 | 04697-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2012. 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, you were caught committing the act while onboard a naval vessel under aggravating circumstances, which is sufficient even under...
NAVY | BCNR | CY2001 | 07563-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2001. However, the Board concluded that these factors were not At that time you were assigned a reenlistment code of You committed a homosexual act with another Sailor onboard a ship. The Board noted that an RE-4 reenlistment code must be assigned to individuals who are discharged for homosexuality.
NAVY | BCNR | CY2006 | 00816-06
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 Naval Reserve in the Navy on 20 September 1978. On 6...
NAVY | BCNR | CY2009 | 11661-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 March 2010. 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 | CY2008 | 02386-08
After careful and conscientious consideration of the entire _record, the Board found that the evidence submitted was insufficient to.establish the existence of probablé material error or injustice. He recommended a general discharge since you had admitted your homosexual activities, and agreed to waive your right to an administrative discharge board in return for a general discharge. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2012 | 01889 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2012. 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, the Board found an aggravating factor, namely your engaging in the act onboard a naval vessel.