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
’
NAVY | BCNR | CY2010 | 11436-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘ application on 20 July 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2012 | 04144-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2013. As a result of the ONI investigation, on 25 September 1968, administrative discharge action was initiated and it was recommended that you receive an undesirable discharge by reason of unfitness due to engaging in a homosexual act on 15 July 1968. In your case, the Board found an aggravating factor.
NAVY | BCNR | CY2012 | 00456 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. On 28 September 1965, you received NJP for being UA for seven days. In this regard, the Board noted that you admitted to participating in homosexual acts under aggravating circumstances by receiving compensation.
NAVY | BCNR | CY2010 | 06660-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2011. 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. Nevertheless, the Board concluded these factors were not sufficient to warrant changing your characterization for discharge, given your homosexual...
NAVY | BCNR | CY2010 | 04738-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2011. 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. On 25 October 1962 you submitted a written statement regarding participation in a homosexual act for money.
NAVY | BCNR | CY2010 | 06294-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2011. At that time you waived your rights to consult with legal counsel and to present your case Lo an administrative discharge board (ADB). 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.
NAVY | BCNR | CY2009 | 08836-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR8234 13
You waived your procedural right to have your case heard by an administrative discharge board (ADB). However, the Board concluded that your application should be denied in light of the aggravating circumstances of your committing an indecent act for indirect compensation and other serious misconduct. Consequently, when applying for a correction of an official naval record, the burden 4s on the applicant to demonstrate the existence of probable material error ofr injustice.
NAVY | BCNR | CY2010 | 09753-10
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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge and reentry code given the seriousness of your misconduct that resulted in two NUJPs and your admission of participation in homosexual acts with other Marines on a marine...
NAVY | BCNR | CY2011 | 01117-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 October 2011. You are advised that no discharge is automatically upgraded due merely to the passage of time or post service good conduct. 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.