DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 02174-0609
28 December 20083
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 18 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 7 April 1965, at age 18. During the
period from 12 August 1965 to 11 May 1967 you received five
nonjudicial punishments (NJP’s) for unauthorized absence (UA)
totaling approximately 82 days. On i4 June 1967, you submitted a
written statement admitting to participating in homosexual acts
and receiving compensation, while in your UA status. As a result
of this you were processed for an administrative discharge by
reason of homosexuality as evidenced by your own admission. You
then elected to waive the rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board. On 3 August 1967, your commanding officer forwarded his
recommendation to discharge you by reason of unfitness due to
homosexuality with an other than honorable discharge. On
22 August 1967, the discharge authority directed that you be
separated with an other than honorable discharge by reason of
homosexuality. You were so discharged on 12 September 1967.
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your youth, and
immaturity. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct. In this regard, the Board noted that you
admitted to participating in homosexual acts in various locations
and received compensation while subject to military control under
aggravating circumstances that had an adverse impact comparable
to such activity aboard a naval vessel or aircraft. The Board
concluded your discharge was proper as issued and no change is
warranted. 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,
OR ee QOS te
Fo2w_W. DEAN PFEIFFER
Executive Director
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