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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 April 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 you enlisted in the Navy Reserve on 20
February 1964. You received three nonjudicial punishments for
unauthorized absences totaling four days. On 12 October 1965 you
made a Sworn statement in which you admitted that you had engaged
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the fact
that the Department of Veterans Affairs (VA) determined that your
service was honorable for the purpose of establishing your basic
eligibility for VA benefits. The Board concluded that those
factors were insufficient to warrant recharacterization of your
service. In this regard, the Board noted that current policy of
the Department of Defense 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 aboard a naval vessel and/or in public view.
Further, the aforementioned determination of the VA was made
under policies applicable to that department, and has no bearing
on the issue of the propriety of your undesirable discharge from
the Navy. 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,
\S
W. DEAN PF
Executive D
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