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NAVY | BCNR | CY2009 | 09484-09
Original file (09484-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BIG
Docket No: 9484-09
15 June 2010

 

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 15 June 2010. 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 ali 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 entered active
duty in the Marine Corps on 5 January 1966. You were convicted
by special court-martial for a 11i day period of unauthorized
absence. On 15 June 1967, you were notified that your
commanding officer was recommending you for administrative
separation with an other than honorable (OTH) discharge for
unfitness due to homosexual activity. You had admitted to
receiving oral sex from a man on several occasions for
compensation. You waived all of your procedural rights,
including your right to an administrative discharge board
(ADB). On 14 August 1967, you received an OTH discharge due to
unfitness, and were assigned an RE-4 reenlistment code,

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and lack
of formal education. However, the Board concluded that your
OTH discharge should not be changed due to your homosexual acts
for compensation. You are advised that under today’s
standards, a Marine separated for homosexuality will receive
the type of characterization based on his service record only
if there are no aggravating circumstances, such as receiving
compensation. The Board found you waived your right to an ADB,
your best opportunity for retention or a better
characterization of service. In view of the above, 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,

Lua

W. DEAN P F
Executive Dire&ttor

’

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