DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TIR
Docket No: 4738-10
7 March 2011
This is 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 2 March 2011. The names and votes of the
members of the panel will be furnished upon request. 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 2 November 1959 at age 17 and served
about one year and four months without disciplinary incident.
However, during the period from 15 March 1961 to 21 June 1962 you
received nonjudicial punishment (NJP) on three occasions and were
convicted by summary and special courts-martial. Your offenses
were failure to obey a lawful order, breaking restriction, a
three day period of unauthorized absence (UA), and two
specifications of wrongful possession of an uninsured vehicle.
In October 1962, it appears that you were the subject of a
security investigation regarding your participation in homosexual
conduct. On 25 October 1962 you submitted a written statement
regarding participation in a homosexual act for money. As a
result, you were notified of pending administrative separation
action by reason of unfitness due to homosexuality as evidenced
by you being engaged in, attempting to engage in, or soliciting
another to engage in a homosexual act or acts for compensation.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB). On 5 November 1962 your commanding officer recommended
separation under other than honorable conditions by reason of
unfitness. On 7 November 1962 the discharge authority approved
the foregoing recommendation and directed your commanding officer
to issue you an other than honorable discharge by reason of
unfitness and on 2 November 1962 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire jo upgrade your discharge for health
purposes. Neverthelesg, the Board concluded these factors were
get sufficient to warrant recharacterization of your discharge
given your participation in homosexual acts for compensation
which is suffici@nt, even under current standards, to warrant an
ofher than honor&ble discharge. Further, you were given an
opportunity to defend yourself, but waived your procedural right
to present your case to an ADB. Accordingly, your application
has been denied.
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 efficial naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN P YFRR
Executive Digs
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