DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10962-07
36 Novembor 2009
This is in reference to your application for corre
naval record pursuant to the provisions of title 1
States Code section 1552.
ction of your
0D of the United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 October 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proce dings 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.
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
After careful and conscientious consideration of eo entire
The Board found that you enlisted in the Marine Corps on 31 July
1961. On 28 February 1963 you received nonjudicial punishment
for a one-day unauthorized absence. On 8 May 1963) you admitted
to a criminal investigator that you had been involved in a
homosexual act for compensation prior to enlisting]. A message
dated 14 May 1963 indicates that you suffered from a chronic skin
infection and an emotional instability reaction, for which you
had received treatment in dermatology and neuropsychiatric
clinics since February 1962.
On 17 May 1963 your commanding officer recommended that you be
separated from the Navy by reason of misconduct/fraudulent entry,
with an undesirable discharge, based on your concealment of a
pre-service homosexual act. After being informed of the
recommendation, you waived the right to present your case to an
administrative discharge board. The recommendation was approved
by the separation authority, and you were separated from the Navy
on 28 May 1963 with an undesirable discharge.
The Board carefully considered your content..on to
your discharge should be upgraded to honoravle or
you suffercd from a chronic skin
infection which 2
|
the effect. that
general because
ffected 70% of
your body, but found it insufficient to warrant corrective action
in your case. It concluded that you were properly discharged by
reason of misconduct/fraudulent enlistment, with an undesirable
discharge, and that you have not demonstrated that it would be in
the interest of justice to upgrade your discharge. 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,
lobreors
W. DEAN P F
Executive eyitor
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