DEPARTMENT OF THE NAVY
| BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4216-07
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
Records, sitting in executive session, considered your
application on 13 February 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 on 30 August 1962.
On 30 August 1963 you received nonjudicial punishment for absence
from appointed place of duty, dereliction of duty, and sleeping
in an unauthorized place. On 12 February 1965 you made a sworn
statement in which you admitted that you had committed several
homosexual acts onboard your ship, two of which were in the
ship's berthing area. On 19 February 1965 your commanding
officer recommended that you be separated from the Navy by reason
of unfitness, with an undesirable discharge. You were discharged
on 15 March 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 and that you voluntarily related the homosexual
information. 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 who commit homosexual acts onboard a ship and in
public view. 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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