DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20376-5100
RDZ: ecb
Docket No. 01943-09
16 December 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 8 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 ali 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.
You enlisted in the Navy on 19 July 1967 at age 17. Under the
terms of your enlistment you were obligated to serve until you
turned 21 years of age. Unfortunately you failed to fulfill
your obligated service due to your admission that you had
engaged in homosexual activity. Some of these acts were
performed for money and at least one occurred aboard a Navy
vessel. Even under current Navy policy a Sailor who engages in
homosexual conduct for compensation or performs such acts aboard
ship is normally issued an other than honorable discharge.
Consequently the Board concluded that your discharge was proper
as issued and should not be changed now as a matter of clemency.
The Board also noted that in addition to the aggravating
features of your homosexual activity you received nonjudicial
punishment on two occasions. Your offenses you were one day of
unauthorized absence and assault with a deadly weapons.
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,
-, Ly Dea’
W, DEAN P R
Executive e¢tor
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