DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
CRS
Docket No: 7366-09
19 August 2009
Thig 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 July 2009. Your allegations of error and
injustice were reviewed an 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 4n the Navy on 5 February 1952.
You received three nonjudicial punishments for offenses that
-included an unauthorized absence of a day, cheating on an
examination, sleeping in an unassigned bunk, and absence from
appointed place of duty. On 14 December 1954 you admitted that
you had committed a homosexual act for compensation.
On 4 January 1955 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
unfitness due to homosexual acts based on your admission. After
review by the discharge authority, the recommendation for
separation was approved and on 20 January 1955 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, overall
record of service, and the contention that you were not
homosexual, but found those factors insufficient to warrant the
upgrade of your discharge. In addition, the Board found that had
current discharge standards been in effect in 1955, you would
have been processed for separation by reason of misconduct and
homosexuality, and could 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 che
existence of probable material error or injustice.
Sincerely,
No
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