DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9695-08
25 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 29 January 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 Marine Corps on 15 May
1945, On 15 February 1947 you were injured in a car accident.
On 30 October 1947 your commanding officer recommended your
separation due to your proposing a homosexual act with a prisoner
in the brig and admitting to other homosexual acts. A summary
court-martial convened on 15 November 1947 and you were found
guilty of sitting down on post. You received an undesirable
discharge by reason of unfitness due to habits and traits of
Character on 5 December 1947.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that your problems started after your
Car accident. The Board concluded that those factors were
insufficient to warrant recharacterization of your service. In
this regard, the Board noted that current policy 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 solicit others to commit homosexual ects while on
a military installation, as you did. There is no evidence, and
you have presented pone, that your misconchict was related to the
Car accident. 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 P
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