DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3412-09
4 May 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 29 April 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy Reserve on 2 August
1966. On 4 June 1968 your commanding officer recommended your
separation due to your being observed having sex with another man
in a parked car. You also admitted to another homosexual act
prior to enlistment. You received an undesirable discharge by
reason of unfitness due to homosexual acts on 19 June 1968.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
record of service. The Board concluded that those factors were
insufficient to warrant recharacterization of your service. In
this regard, the Board noted that current policy provides that
the characterization of service for individuals discharged for
homosexuality will not normally be under other than honorable
conditions; however, such a characterization is authorized for
individuals who commit homosexual acts openly and in public view,
as you did. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Th 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,
Wy EAN aS
Executive Di
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