DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 1709-09
11 January 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 5 January 2010. .The names and-votes--ef-the
members of the panel will be furnished upon request.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 7 December 1988 at age 25 and began a
period of active duty on 12 December 1988. You served without
disciplinary incident, however, in November 1991, it appears that
you were the subject of a security investigation regarding your
participation in homosexual conduct while serving aboard a naval
vessel. As a result, on 3 November 1991, you were notified of
pending administrative separation action by reason of
homosexuality as evidenced by you being engaged in, attempting to
engage in, or soliciting another to engage in a homosexual act or
acts. At that time you waived your right to consult with legal
counsel and to present your case to an administrative discharge
board (ADB). On 14 November 1991 your commanding officer
recommended separation under honorable conditions even though
your homosexual conduct occurred on board your ship.
Subsequently, on 9 December 1991, the discharge authority
disapproved the foregoing recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of homosexuality and on 24 December 1991 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were entitled to a court-
Martial to determine if you were guilty of participating in a
homosexual act or acts. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your participation in homosexual acts ina
location subject to military control under aggravating
circumstances that have an adverse impact comparable to the
impact of such activity aboard a vessel or aircraft. In your
case, that activity occurred aboard your ship, which is
sufficient even under current standards to warrant an other than
honorable discharge. Further, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. Accordingly, your application has been denied.
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,
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