DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 CRS
Docket No: 2386-08
12 May 2009
This is in reference to your application for correction cf 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 6 May 2009. 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 probablé material
error or injustice.
The Board found that you enlisted in the Navy Reserve on 18
August 1976. On 8 December 1976 you made a statement in which
you admitted that you had engaged in homosexual acts on base, as
well as prior to enlistment. On 21 December 1976 your commanding
officer recommended that you be separated from the Navy by reason
of misconduct, with a general discharge. He recommended a
general discharge since you had admitted your homosexual
activities, and agreed to waive your right to an administrative
discharge board in return for a general discharge. You were
discharged on 23 December 1976 in accordance with the approved
recommendation of your commanding officer. S.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board concluded that those factors were
insufficient to warrant recharacterization of your service. In
this regard, the Board noted that current policy provides that
the characterization of service for individuals discharged for
homosexuality will normally be a general or honorable discharge;
however, a characterization of under other than honorable
conditions is authorized for individuals who commit homosexual
acts on a military base. In addition, you in effect, requested a
general discharge. Accordingly, and as you have not demonstrated
that ait youre be in the interest of justice for the Board to
upgrade your discharge, 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,
Sirsa 2s enn
ROBERT D. SALMAN
Acting Executive Director
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