DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3195-09
11 March 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 9 March 2009. The names and votes of the
members of the panei 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 27 December 1984 at age 17 and began
a period of active duty on 16 September 1985. You served without
disciplinary infraction until 23 August 1986, when you were
photographed and apprehended for participating in homosexual acts
onboard your ship, specifically, in the berthing compartment. On
9 September 1986 you were convicted by special court-martial
(SPCM) of sodomy and sentenced to confinement at hard labor for
60 days, reduction to paygrade E-1, and a §500 forfeiture of pay.
On 20 October 1986 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense as evidence by sodomy and homosexuality. After
consulting with legal counsel you elected to present your case to
an administrative discharge board (ADB). Subsequently, an ADB
recommended discharge under honorable conditions by reason of
misconduct due to commission of a serious offense as evidenced by
sodomy and homosexuality. On 22 January 1987 your commanding
officer, in concurrence with the ADB, also recommended discharge
under honorable conditions by reason of misconduct. On 3 April
1987 the discharge authority approved these recommendations and
directed your commanding officer to issue you a general
discharge, under honorable conditions by reason of misconduct due
to commission of a serious offense, and on 6 May 1987, 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, post service conduct, desire to upgrade your
discharge, and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in a court-martial conviction.
Finally, no discharge is automatically upgraded due solely to an
individual’s good post service conduct or the passage of time.
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,
W. DEAN PF F
Executive Di r
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