DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-51900
TAL
Docket No: 02623-09
14 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 3 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 Marine Corps and began a period of active
duty on 22 January 1973 at age 18. On 29 January 1973, you made
a voluntary written statement that you had participated in
homosexual acts prior to enlisting in the Marine Corp: It was
further determined that you failed to disclose this information
during your recruiting process. As a result of your failure to
disclose this information, your commanding officer initiated
administrative discharge action by reason of fraudulent entry as
evidenced by your concealment of pre-service participation in-
homosexual acts. On 2 February 1973 the commanding officer
recommended that you be discharged with an other than honorable
(OTH) characterization for misconduct due to fraudulent
enlistment. On 6 February 1973, the separation authority
directed an OTH discharge by reason of fraudulent enlistment.
You were so discharged on 13 February 1973.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the fact that you failed to disclose your pre-service homosexual
acts. With regard to your statement to the effect that you lied
in order to be discharged, it is well settled in legal principle
that an individual who procures his discharge by fraudulent means
should not profit from it when it is discovered. 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,
Ld oad
W. DEAN P
Executive ctor
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