DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8927-08
17 March 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 17 December 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 4 June
1984. On 28 March 1985 your commanding officer recommended that
you be discharged by reason of misconduct due to homosexual acts.
Although the homosexual acts you were accused of committing are
not described in your record, the recommendation for discharge
was supported by written statements of your first sergeant and
three junior enlisted Marines. The recommendation was approved,
by the separation authority, and you were discharged under
honorable conditions on 25 April 1985.
The Board carefully considered your contentions to the effect
that you were falsely accused of engaging in homosexual activity
by a Marine whom you had accused of possessing cocaine, that you
have been married for many years, and that your present discharge
causes you embarrassment when you apply for jobs. The Board was
not persuaded that you were falsely accused of engaging in
homosexual activity, and it concluded that you have not
demonstrated that your discharge 1s erroneous or unjust.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Th 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,
\p
W. DEAN PFEI
Executive Di
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