DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10063-08
18 November 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 4 November 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 Navy on 15 September
1982. On 22 March 1986 you were convicted by civil authorities
of soliciting an undercover policeman for immoral purposes. The
court sentenced you to confinement for 30 days, which was
suspended, and a fine of $100. On 19 May 1986 your commanding
officer recommended that you be separated from the Navy by reason
of homosexuality, with an honorable discharge. You were
discharged on 27 June 1986 in accordance with the approved
recommendation of your commanding officer.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service. It concluded that those factors were insufficient to
warrant changing the reason and authority for your sepaation.
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,
Ld Daan
W. DEAN PFEI
Executive Dirdctdr
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