DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 6294-10
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
Ijjuetice.
You enlisted in the Navy and began a period of active duty on
25 August 1959 at age 17. In October 1960, it appears that you
were the subject of a security investigation regarding your
participation in homosexual acts. On 15 and 17 October, and
1 November 1960 you submitted written statements regarding
participation in homosexual acts aboard a naval vessel. Asa
result, you were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge by reason
of unfitness due to homosexuality. At that time you waived your
rights to consult with legal counsel and to present your case Lo
an administrative discharge board (ADB). On 9 November 1960 your
commanding officer recommended separation under OTH conditions by
reason of unfitness. On 23 November 1960 the discharge authority
approved the foregoing recommendation and directed your
commanding officer to issue you an OTH discharge by reason of
unfitness and on 30 November 1960 you were 80 discharged.
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 your participation in
homosexual acts aboard a naval vessel, that even under current
standards, warrants an OTH discharge. Finally, the Board noted
that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Accordingly,
your application-has been denied. The name and votes if the
members of the p&nel will be furnished upon request.
Re 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,
W. DEAN
Executive
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