DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
CRS
Docket No: 71-10
12 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 an@ 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 3 January 1966.
On 31 May 1966 you made a statement in which you admitted that
you had been in bed with another male in the barracks. On 2 June
1966 you admitted to engaging in homosexual acts before and
during your service.
On 6 June your commanding officer recommended your separation due
to homosexual acts that were committed openly and in public view
and on board a military installation. On 20 June 1966 you
received an undesirable discharge by reason of unfitness due to
homosexual acts.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth, overall
service, and the unsubstantiated contention that you are not
homosexual. The Board concluded that those factors were
insufficient to warrant recharacterization of your service or a
change in the reason for the discharge. In this regard, the
Board noted that current policy provides that the
characterization of service for individuals discharged for
homosexuality will not normally be under other than honorable
conditions; however, such a characterization is authorized for
individuals who commit homosexual acts on board a military
installation and openly in public view, as you did. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It igs 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
recore, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
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