DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORGRS
2 NAVY ANNEX Docket No: 5068-09
WASHINGTON DC 20870-5100. 4 Syne 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 28 May 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 on 30 December
1965. On i3 April 1965 you made a written statement in which you
admitted to homosexual acts prior to and during your period of
service. On 10 November 1966, you were convicted by a special
court-martial of two periods of unauthorized absence totaling 172
days and failure to obey a lawful order.
On 4 April 1967 your commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
due to homosexual acts. When informed of this recommendation,
you waived the right to consult with counsel and to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and on 21 April 1967 you were separated with an
undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and good post
service, but concluded that those factors are insufficient to
warrant the upgrade of your discharge. In addition, the Board
found that had current standards been in effect in .1967, you
would have been processed for separation by reason of
misconduct/commission of a serious offense, as well as for
homosexuality, and it is likely that you would have received a
discharge under other than honorable conditions. 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,
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