DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORESS
2 NAVY ANNEX Docket No: 9873-08
WASHINGTON DC 20370-5100
17 June 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 10 June 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
tegulations 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 30 June i965.
On 14 September 1966 you received nonjudiciai punishment for an
unauthorized absence of 13 days. On 1 July 1967 you received an
undesirable discharge by reason of unfitness due to homosexual
acts. The specific acts are not described in the available
records.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the contention that you were discharged
for living with a man which is now tolerated, but found those
factors insufficient to warrant the upgrade of your discharge.
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. DI
Executive Dik
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