DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3269-07
1 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 Marine Corps on 26
February 1960. You were convicted by two special courts-martial
of unauthorized absences totaling 144 days. on 15 October 1962
you made a sworn statement admitting that you had committed
homosexual acts for money.
due to homosexual acts.
waived the right to present your case to an administrative
discharge board. After review by the discharge authority, the
recommendation for separation was approved and on 13 December
1962 you were separated with an undesirable discharge.
due to your being coerced into Signing a statement “resulting in
a cover-up”. 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 not normally be under other than honorable
conditions; however, such a characterization is authorized for
individuals, such as yourself, who committed homosexual acts for
compensation. 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,
Seek Seek Som
. ROBERT SALMAN
Acting Executive Director
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