Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 00959-09
Original file (00959-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 959-09
2 ii 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 11 March 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 11 June 1982.

On 24 July 1984 your commanding officer recommended your
separation due to your statement that you had committed numerous
homosexual acts aboard your ship and were bisexual. You received
a discharge under other than honorable conditions by reason of
misconduct due to homosexuality on 5 September 1984.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board concluded that those factors were
insufficient to warrant recharacterization of your discharge. 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 coimnit homosexual acts aboard a ship, as you did.
Accordingly, your application has been denied. ‘he names and
votes of, the members of the panel will be furnished woon request.

Tt is regrethed that the circumstances of your case are such chat
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,
\p ,
W. DEAN PF
Executive

  
  
 

 

 

or

Similar Decisions

  • NAVY | BCNR | CY2001 | 07563-01

    Original file (07563-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2001. However, the Board concluded that these factors were not At that time you were assigned a reenlistment code of You committed a homosexual act with another Sailor onboard a ship. The Board noted that an RE-4 reenlistment code must be assigned to individuals who are discharged for homosexuality.

  • NAVY | BCNR | CY2009 | 10542-09

    Original file (10542-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 July 2010. 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 waiving your procedural right to legal counsel and to present your case to an administrative discharge board (ADB), on 29 December 1981, your...

  • NAVY | BCNR | CY2001 | 03784-99

    Original file (03784-99.pdf) Auto-classification: Denied

    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. On 2 November 1960 an administrative discharge board recommended that you be separated with an undesirable discharge by reason of unfitness due to homosexual acts. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...

  • NAVY | BCNR | CY1999 | 06404-99

    Original file (06404-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 May 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. Such an act is sufficient under current standards to warrant an other than honorable discharge, since such a characterization is authorized if an individual commits a...

  • NAVY | BCNR | CY2001 | 01068-01

    Original file (01068-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 June 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. However, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your written statement in which you admitted to...

  • NAVY | BCNR | CY2009 | 01943-09

    Original file (01943-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 2009. Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 01709-09

    Original file (01709-09.pdf) Auto-classification: Denied

    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. On 14 November 1991 your commanding officer recommended separation under honorable conditions even though your homosexual conduct occurred on board your ship. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2007 | 06161-07

    Original file (06161-07.rtf) Auto-classification: Denied

    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 were commissioned as an ensign in the Navy on 6 June 1945. You were so...

  • NAVY | BCNR | CY2007 | 06161-07

    Original file (06161-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2008. 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. In its review of your application the Board carefully weighed all potentially mitigating factors, such as your overall record of service in the Navy,...

  • NAVY | BCNR | CY2008 | 04976-08

    Original file (04976-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered. 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...