DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4976-08
14 July 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 2 July 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 on 7 June 1988. On
26 June 1990 you made a written statement in which you admitted
being a homosexual and having committed a homosexual act with
another Sailor in the fan room of your ship.
On 27 June 1990 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of homosexuality. On 28 June 1990 you received
nonjudicial punishment for solicitation to commit an indecent
act. After review by the discharge authority the recommendation
for discharge was approved and you received a discharge under
other than honorable conditions on 19 July 1990.
The Board carefully weighed all potentially mitigating factors,
such as your youth, alleged good overall service, and the
contention that you were discriminated against because of your
race. 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. Furthermore, the Board was not persuaded that you
were falsely accused of misconduct because of your race.
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,
Executive Dire
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