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NAVY | BCNR | CY2007 | 09348-07
Original file (09348-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

CRS
                                                                                          Docket No: 9348-07
                                                                                           19 June 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 11 June 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 August 2002. On 14 February 1986, your commanding officer recommended that you be discharged for committing a homosexual act with a subordinate, and soliciting two other Marines to commit homosexual acts. You received a discharge under other than honorable conditions by reason of misconduct on 14 March 1986.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your overall record of service and the current policy concerning homosexual service members. 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 with subordinates and solicit others in uniform to commit such acts, as you did. 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 Director

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