DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01529-10
23 March 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 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 did not accept your contention to the effect that you
were falsely accused of engaging in homosexual activity while
serving in the Marine Corps during the period from 26 October
1960 to 20 February 1962. In this regard, the Board noted that
you signed a statement on 18 January 1962 in which you related
that you and another Marine had rubbed your penises against
“each other's butts” on numerous occasions while taking showers.
You also admitted that you had allowed a Marine to place his
erect penis between your buttocks. In addition, a Marine Corps
sergeant witnessed you engaging in anal copulation in the
barracks.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did not consider your request for service connection
for a burn because that is a matter within the jurisdiction of
the Department of Veterans Affairs.
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,
Vp Roark
W. DEAN PFEIRP
Executive D ctor
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