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NAVY | BCNR | CY2007 | 06228-07
Original file (06228-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 1 00


CRS
                                                                                          Docket No: 6228-07
                                                                                          7 January 2008


This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the U nited States Code, section 1552.
A t h ree-me m ber panel of the Board for Correction of Naval Records, s itti ng in executive Session, considered your application on 28 November 2007. 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 27
February 1963. Your received nonjudicial punishment on 14 August
1963 for an unauthorized absence of three days. On 4 November
1963 your commanding officer stated that you had admitted to him
that you had committed homosexual acts f or money.
On 13 November 1963 an administrative discharge board recommended that you be separated with an undesirable discharge by reason of unfitness due to sodomy. After review by the discharge authority, the recommendation was approved and on 12 December 1963 you were separated with an undesirable discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that you associated with homosexuals but did not engage in sex acts with them, and that you are presently homeless and in need of assistance. 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 commit homosexual acts for compensation. 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,



W. DEAN PFIEFFER
                                                       Executive Director

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