DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 923-09
12 February 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 16 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 25 August 1980.
On 20 December 1980 you made a statement that you were in bed
with a male airman recruit in the barracks, and on 17 February
1981 you freely admitted to engaging in bisexual behavior before
and during your service.
On 18 February 1981 your commanding officer recommended your
separation due to homosexual acts that were committed openly in
public view and on board a military installation. On 9 April
1981 you received a general discharge by reason of misconduct due
to homosexual acts.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
services, and the contentions that you are not homosexual and
that the reason for discharge is discriminatory. The Board
concluded that those factors were insufficient to demonstrate
that you were discharged in error or to warrant a change in the
reason and authority for 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,
| Ree SR
FoaW. DEANJPFEIFFER
Executive Director
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