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NAVY | BCNR | CY2006 | 10381-06
Original file (10381-06.pdf) Auto-classification: Denied
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,

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