DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 .
CRS
Docket No: 4233-09
30 Tune 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 24 June 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 ail 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 Marine Corps on 27 June
1963. You received two nonjudicial punishments and were
convicted by two special courts-martial for offenses that .
included unauthorized absences, failing inspection, missing
movement by design, and breaking restriction. On 2 March 1966 an
investigative report found that you had committed homosexual acts
while in the brig. On 20 May 1966 you received an undesirable
discharge by reason of unfitness due to sodomy.
The Board could not determine if you lied in 1966 in order to
procure your discharge, as you imply in your application, or if
you lied in your application in the hope of receiving a more
favorable discharge. Relief is not warranted in either case. If
you procured your discharge through fraud, you should not be
‘allowed to benefit further by revealing the fraud. If your
admission of homosexual conduct was true, you were properly
discharged. In addition, there is no evidence of posttraumatic
disorder in your record to substantiate your contention that it
caused your misconduct. 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,
Executive D
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