DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 00530-10
30 September 2010
This igs in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 September 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 16 May 1960, at age 18. On 20 June
1961, you received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status for one day. On 18 August 1961,
you were convicted at a summary court-martial (SCM) of two
instances of failure to go to your appointed place of duty, and
failure to obey a lawful order. You were sentenced to a
forfeiture of $20, and 20 days confinement at hard labor. On
20 September 1961, you were UA for one day. However, your chain
of command chose not to impose any disciplinary action. On
21 September 1961, you confessed to participating in homosexual
acts and experiences with female Sailors onboard a military
installation to the Office of Naval Investigation (ONI), and
submitted a written statement. As a result of this investigation
you were processed for an administrative discharge by reason of
homosexuality as evidenced by your own admission. You then
elected to waive the rights to consult counsel, submit a
statement or have your case heard by an administrative board.
On 9 October 1961, your commanding officer forwarded his
recommendation to discharge you by reason of unfitness for
homosexuality with a discharge under other than honorable
conditions. On 13 October 1961, the discharge authority directed
that you be separated with an other than honorable discharge by
reason of homosexuality. You were so discharged on 1 November
1961.
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your youth,
immaturity. Nevertheless, the Board concluded these factors were
Ot sufficient to warrant recharacterization of your discharge
given your misconduct. In this regard, the Board noted that you
admitted to participating in homosexual acts in a location
subject to military control under aggravating circumstances that
have an adverse impact comparable to the impact of such activity
aboard a vessel or aircraft. In your case, that activity
occurred in berthing spaces aboard Naval Station, Great Lakes,
Tllinois, which is sufficient even under current standards to
warrant an other than honorable discharge. The Board concluded
your discharge was proper as issued and no change is warranted.
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,
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