DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 5347-10
25 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 17 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 and began a period of active duty on
9 November 1943 at age 19. On 24 January 1944, you received
nonjudicial punishment (NIP) for unauthorized absence (UA) from
your unit. On 3 April 1944, you received NUP for failure to obey
a lawful order. On 15 May 1944, you were convicted by summary
court-martial (SCM) of neglect of duty and disobeying a lawful
order. On 30 March 1945, you received NJP for two instances of
UA from your unit. In March 1945, you were the subject of a
mental health evaluation regarding your participation in
homosexual acts. On 21 May 1945, you submitted a written
statement regarding participation in homosexual acts with Sailors
on board a Navy installation. As a result, you were notified of
pending administrative separation action by reason of unfitness.
Subsequently, in connection with this processing, you would have
acknowledged the separation action and the separation authority
would have approved a recommendation for separation. The record
clearly shows that on 24 August 1945, you were discharged with an
undesirable discharge due to unfitness.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in three NJPs, one SCM and your
admission of participation in homosexual acts with other Sailors
on a navy installation which is sufficient, even under current
standards, to warrant an other than honorable discharge.
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,
Executive Divector
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