DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
CRS
Docket No: 9713-07
2 December 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 8 October 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 4 October 1951.
You received four captain’s masts for offenses that included
making a false official statement, dereliction of duty, direct
disobedience of a lawful order, and larceny.
On 31 March 1954 you submitted a written request for the good of
the service in lieu of trial by court-martial for fondling a
Sailor without his consent on 2 August 1953 while on board a
naval vessel, and fondling another Sailor without his consent on
15 September 1953 while aboard a naval vessel. On 2 April 1954
you received a fifth captain’s mast for absence from your
appointed place of duty. Your request for discharge was approved
by the discharge authority, and you received an undesirable
discharge on 4 June 1954.
The Board did not accept your unsubstantiated contentions to the
effect that the discharge was accomplished in violation of naval
policy and regulations and without due process; you did not
commit the offenses which resulted in your discharge; and that
you confessed to acts you did not commit as the result of
intimidation and coercion. The Board noted that you were not
discharged by reason of homosexuality, as you contend, but for
committing two sexual assaults, and rejected your contention to
the effect that you would not have received an undesirable
discharge had current standards and policies been in effect in
1954. The Board noted that even if you had been discharged due to
your commission of consensual homosexual acts, the application of
current standards would not result in a more favorable discharge
given the numerous aggravating factors present in your case, to
include committing homosexual acts in public view and while
aboard a naval vessel.
The Board carefully evaluated all potentially mitigating factors
in your case, such your youth and personal situation at the time
in question, overall record of service, which was marred by
numerous acts of misconduct and five captain’s masts, and your
post-service conduct and personal development, but found those
factors insufficient to warrant the recharacterization of your
service. The Board found that considerable clemency was extended
to you when your request for discharge was granted, as you
avoided the possibility of being conviction by court-martial and
sentenced to confinement at hard labor and a punitive discharge.
You received the benefit of your bargain and should not be
permitted to change it now.
In view of the foregoing, 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 entitied 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,
\ eas
W. DEAN PFE EB
Executive Di chor
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