DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS.
2 NAVY ANNEX
Docket No: 3295-08
WESINGTON Tiel 2S -oi 33 Sinie DOO
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 10 June 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 aii materiai 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 31 January 1963.
You received two nonjudicial punishments and were convicted by a
special court-martial for offenses that included unauthorized
absences totaling 45 days, failure to obey a iawful order, and
leaving your appointed place of duty without a relief. On 23
October 1963 a psychiatric evaluation found no evidence of
significant depression, disabling neurosis, or psychosis.
On 4 December 1963 your commanding officer recommended that you
be separated with an undesirable discharge by reason of unfitness
due to homosexual acts based on your admission that you had been
a homosexual since the age of 16. When informed of this
recommendation, you waived the right to consult with counsel and
to present your case to an administrative discharge board. After
review by the discharge authority, the recommendation for
separation was approved and on’16 December 1963 you were
separated with an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the contention that psychological problems
caused your misconduct, but found those factors insufficient to
warrant the upgrade of your discharge. In addition, the Board
found that had current discharge standards been in.effect in
1963, you would have been processed for separation by reason of
misconduct and homosexuality, and could have received a discharge
under other than honorable conditions. Accordingly, your
application has been denied. The names and votes of the members
of the panei 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 appiying 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 P
Executive D4 t
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