DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket! No: 9782-07
19 November 2008
This is in reference to your application for corre tion of your
naval record pursuant to the provisions of title 1 6f 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 19 November 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 Reserve on 16
October 1963. On 13 April 1965 you admitted to haying engaged in
numerous homosexual acts from the age of 16, to include receiving
money for oral sex acts before you enlisted, and performing sex
acts in a barracks and in public view after you enlisted.
On 12 May 1965 your commanding officer recommended) that you be
separated from the Navy with an undesirable discharge by reason
of unfitness due to homosexual acts. After being informed of
that recommendation and of your rights in connection thereto, you
waived the right to present your case to an administrative
discharge board. After review by the discharge authority, the
recommendation for separation was approved and you] were separated
on 4 June 1965 with an undesirable discharge.
The Board carefully weighed all potentially mitigating factors
present in your case, such as your youth, and your
unsubstantiate:) contentions to the effect that you) were a victim
of circumstances who was falsely accused of being a homosexual,
and you are not a homosexual. The Board concluded) that those
factors were insufficient to warrant the recharactlerization of
your service. In this regard, the Board noted that current
Department of Defense policy provides that the cha
of service for individuals discharged for homosexu
normally be under other than honorable conditions;
a characterization is authorized for individuals w
homosexual acts for compensation, in public view,
military installations, as you did. Accordingly,
application has been denied. The names and votes
of the panel will be furnished upon request.
It ig regretted that the circumstances of your cas
favorable action cannot be taken. You are entitle
Board reconsider its decision upon submission of n
evidence or other matter not previously considered
In this regard, it is important to keep in mind th
presumption of regularity attaches to all official
Consequently, when applying for a correction of an
record, the burden is on the applicant to demonstr
existence of probable material error or injustice.
Sincerely,
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