DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4495-09
23 November 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 séssicon, considered your
application on 16 October 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 Marine Corps on 24 July
1979. On 15 November 1983 an administrative discharge board
recommended your separation due to homosexual acts that were
committed openly in public view, with a subordinate, and on board
a military installation. You received a discharge under other
than honorable conditions by reason of misconduct due to
homosexuality on 23 November 1983. .
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 characterization is authorized for
individuals who commit homosexual acts with subordinates, openly
in public view, and on board a military installation, 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,
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