DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9126-08
19 January 2010
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 December 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 22 November
1954. On 28 January 1958 your commanding officer recommended
that you be separated with an undesirable discharge by reason of
unfitness due to sexual perversion based on your arrest for
engaging in voyeuristic activities, and your admission of having
a long history of such activities. The discharge authority
decided to separate you from the Navy by reason of unsuitability,
with a general discharge. You were so discharged on 8 April
1958.
The Board did not accept your unsubstantiated contention to the
effect that you were intoxicated when you committed the
misconduct which resulted in your discharge by reason of
unsuitability. It noted that while intoxication might be
considered a mitigating factor, it would not excuse your
misconduct. The Board concluded that you were fortunate to have
been separated with a general discharge by reason of
unsuitability, and that it would not be in the interest of
justice to upgrade your discharge to honorable. 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,
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