DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11661-0909
13 April 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 10 March 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 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 11 August 1976.
On 1 September 1976 you admitted to the ship's medical officer
that you had engaged in homosexual acts both before and during
your service. On 29 September 1976 you received a general
discharge by reason of misconduct due to fraudulent entry for
failure to disclose your homosexual acts.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth, overall
service, and the contention to the effect you would have received
an honorable discharge under current standards regarding
homosexuality. The Board concluded that those factors were
insufficient to warrant recharacterization of your service. In
this regard, the Board noted that current policy provides for a
general discharge for an individual who fraudulently enlists.
‘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,
oo. 2,
W. DEAN PF
Executive Direc
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