DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3170-08
18 May 2009
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 13 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 probable material
error or injustice.
The Board found that you enlisted in the Navy on 24 January 1968.
You received four nonjudicial punishments for offenses that
included unauthorized absences and missing movement.
On 30 June 1969 an administrative discharge board recommended
your separation due to your statement that you had committed
numerous homosexual acts in cars with civilians. You received a
general discharge by reason of unfitness due to homosexual acts
on 5 August 1969.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service record, as well as your belief that your discharce would
be “considered honorable” after a certain period of time. The
Board concluded that those factors are insufficient to warrant
the upgrade of your general discharge. It concluded that you
were fortunate to have received a general discharge, given your
extensive disciplinary record. It noted that there are no
provisions of law or regulation for the upgrade of a discharge
based solely on the passage of time. In addition, the Board noted
that under current policy pertaining to the discharge of service
members for homosexuality, a general discharge would be
permissible in a case such as yours. 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,
Ta >, FR
ROBERT D\/ZSALMAN
Acting Executive Director
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