DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3077-07
21 April 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
Records, sitting in executive session, considered your
application on 16 April 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
regulations
Board.
your application,
thereof, your naval record and applicable statutes,
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 31 March 1964.
You received four nonjudicial punishments and were convicted by a
summary court-martial. The offenses included insubordination,
underage drinking, dereliction of duty, fighting, and an
unauthorized absence of 12 days. On 18 December 1964 you made a
sworn statement in which you admitted that you had committed
homosexual acts prior to enlisting and also at recruit training
in a clothing drying room in public view. On 25 January 1965
your commanding officer recommended that you be separated from’
the Navy by reason of unfitness, with an undesirable discharge.
You were discharged on 4 May 1965 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, good post service conduct, and the contention that you
had an alcohol problem while you were on active duty. The Board
concluded that those factors were insufficient to warrant
recharacterization of your service, given your extensive
Gisciplinary record and commission of a homosexual act in public
view. 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 who commit homosexual acts on a military base and in
public view, as you did. In addition, the Board was not
persuaded that your alcohol problem significantly extenuated or
mitigated your misconduct. 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,
Wy
W. DEAN
Executive Di
NAVY | BCNR | CY2007 | 03084-07
DEPARTMENT OF THE NAVY BOARD: FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 3084-07 8 May 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. 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. ...
NAVY | BCNR | CY2007 | 09782-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. You are entitle Board reconsider its decision upon submission of n evidence or other matter not previously considered In this regard, it is...
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 | CY2007 | 05059-07
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.The Board found that you reenlisted in the Navy on 6 March 1964 after more than three years of...
NAVY | BCNR | CY2010 | 12977-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 06327-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2008. 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...
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 | CY2013 | NR3639 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 00071-10
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. On 2 June 1966 you admitted to engaging in homosexual acts before and during your service.
NAVY | BCNR | CY2007 | 10863-07
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.The Board found that you enlisted in the Navy Reserve on 21 November 1961. You received three...