DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6327-08
29 September 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 10 September 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 Marine Corps on 11
December 1951. During February 1953, you made a sworn statement
in which you admitted that you had engaged in homosexual acts on
a military installation in areas open to public view. On 25
March 1953, you requested to be discharged for the good of the
service to escape trial by court-martial for the offense of
sodomy with a Sailor. Your request was approved, and you were
separated from the Marine Corps on 26 October 1953 with an
undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and good post
service conduct, as well as your contention to the effect that
you falsely claimed to be homosexual in order to avoid false
charges of homosexual conduct that had been made against you by a
former prisoner in the brig where you worked as a guard. The
Board concluded that those factors were insufficient to warrant
recharacterization of service. 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 military base
and/or in public view, as you did. In addition, the Board did
not accept your unsubstantiated contention concerning the reason
you requested discharge for the good of the service.
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,
W. DEAN PF Ri
Executive e
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