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NAVY | BCNR | CY2007 | 10863-07
Original file (10863-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



                                             CRS
                                                                                           Docket No: 10863-07
                                                                                          30 May 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 29 May
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 21 November
1961. You received three nonjudicial punishments and were convicted by
a summary court-martial. Your offenses included gambling, leaving post
without relief, missing muster, sleeping during working hours, and
wrongful appropriation. On 24 October 1962 you made a sworn statement
in which you admitted being a homosexual, and that you had fondled a
Sailor in the berthing compartment of your ship. You received an
undesirable discharge by reason of unfitness/sexual perversion on
23 November 1962.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth; good post-service conduct and achievements, and the contention that you were accused of being a homosexual because of racial discrimination. The Board concluded that those factors were insufficient to warrant recharacterization of your service. In this regard, the Board noted that current policy of the Department of Defense 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 aboard a naval vessel and/or in public view. Furthermore, the Board was not persuaded that you were falsely accused of misconduct because of racial discrimination of your accusers. 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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