DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORBS
2 NAVY ANNEX
WASHINGTON Dc 20370-5100 Pocket No: 4099-09
8 June 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Titie 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 Jume 2009. Your ailegations of érror and
injustice were reviewed in accordance with administrative
regulations and procedures applicabie 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 on 11 May 1960.
You received five nonjudicial punishments and were convicted by a
summary court-martial for offenses that included unauthorized
absences, disrespect, willful disobedience of a lawful order,
harassing brig prisoners, possession of a false identification
card, and failure to obey a lawful order. On 15 August 1961 you
made a written statement in which you admitted to committing
homosexual acts on base and openly in public view.
On 15 August 2001 your commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
Gue to homosexual acts. After review by the discharge authority
the recommendation for discharge was approved and you received an
undesirable discharge on 15 September 1961.
The Board carefully weighed all votenttaily-mitigating factors,
such as your youth, overall service record, and the contention —
that the rules have changed for homosexuals. The Board concluded
that those factors were insufficient to warrant
recharacterization of your service. In this regard, the Board
noted that current policy of the Department of Defense provides
that the characterization of service for individuals discharged
for homosexuality wiil not normally be under other than honorable
conditions; however, such a characterization is authorized for
individuals who commit homosexual acts on a military base and
openly 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.
tt 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,
\ 4 3 A
W. EAN PFETRFE
Executive Diract
NAVY | BCNR | CY2010 | 00071-10
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. On 2 June 1966 you admitted to engaging in homosexual acts before and during your service.
NAVY | BCNR | CY2009 | 03412-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application.on 29 April 2009. 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...
NAVY | BCNR | CY2009 | 04495-09
A three-member panel of the Board for Correction of Naval Records, Sitting in executive séssicon, considered your application on 16 October 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 07861-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2003. 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. On 8 September 1958 you submitted a written request for an administrative discharge.
NAVY | BCNR | CY2001 | 03784-99
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. On 2 November 1960 an administrative discharge board recommended that you be separated with an undesirable discharge by reason of unfitness due to homosexual acts. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2001 | 03168-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. to the Navy from civilian confinement on 27 September 1960. authority directed an undesirable discharge and you were so discharged on 31 October 1960.
NAVY | BCNR | CY2002 | 05637-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 2001. 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. Consequently,...
NAVY | BCNR | CY2005 | 07060-05
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the undesirable discharge issued on 21 April 1961.2. Reference (b) sets forth the Department of Defense’s current policies, standards and procedures for administratively separating enlisted service members. Using the standards of reference (b), the Board...
NAVY | BCNR | CY2003 | 01453-03
About a year later, on 6 October 1950, you received captain's mast (CM) for drunkenness and not having an identification or liberty card. On 9 October 1952 the recommendation was approved, and you received the undesirable discharge on 22 October 1952. 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.
NAVY | BCNR | CY2009 | 00923-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 December 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...