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NAVY | BCNR | CY2007 | 09160-07
Original file (09160-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTON DC   




                  CRS
          Docket No: 9160-07
         2 November 2007





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 31 October 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 Navy on 12 March 1971. On 3 November 1971 you received nonjudicjal punishment for an unauthorized absence of three days. A psychiatric evaluation conducted on 16 May 1972 found that you were an active homosexual both prior to and during your enlistment.
On 25 September 1972 your commanding officer recommended that you be separated with a general discharge by reason of unfitness due to homosexual acts. When informed of this recommendation, you elected not to submit a statement in your behalf. After review by the discharge authority, the recommendation for separation was approved and on 2 October 1972 you were separated with a general discharge.

Character of service is based, in part, on one’s conduct and overall traits averages, both of which are computed from marks assigned during periodic evaluations. Your conduct and overall trait averages were 2.73 and 3.20, respectively. A minimum average conduct mark of 3.0 was required for a fully honorable characterization of service at the time of your service. While
 you were not awarded a general discharge based on your marks, under current standards marks are the controlling factor in the characterization of a discharge by reason of homosexual acts not performed under aggravated circumstances.
In its review of your application the Board carefully considered your contention that you were not a homosexual. The Board concluded that your conduct average remains too low to warrant a fully honorable discharge, regardless of your sexual preference. 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,
                           W. DEAN PFEIFFER
Executive Dire ctor

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