DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100
TIR
Docket No: 5682-07
17 April 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 15 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 26 November 1984 at age 21. You
served without disciplinary incident until-18 December 1985, when
you received nonjudicial punishment (NJP) for making a false
official statement. The punishment imposed was a reduction to
paygrade E-3.
On 5 February 1986 you submitted a written statement regarding
your participation in homosexual acts and your continued
participation, even if you were retained in the Navy.
On 20 February 1986 you were notified of pending administrative
separation action by reason of misconduct due to homosexuality
and commission of a serious offense. At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board (ADB). On 25 February 1986
your commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to commission of
a serious offense. On 5 March 1986 the discharge authority
approved this recommendation and directed separation under other
than honorable conditions, and on 20 March 1986 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as_
and. desire to have your a
discharge upgraded. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct.
Finally, you were given an opportunity to defend yourself, but
waived your procedural rights to present your case to an ADB.
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,
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