DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06660-10
18 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. 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
im Ustlee..
You enlisted in the Navy on 27 April 1959, at age 18. On
22 October 1959, you admitted to a special agent during an
investigation that you had engaged in homosexual acts prior to
your enlistment and during your time of service with civilian
males for the receipt of money. On 27 October 1959, you were
informed that you were being administratively separated by reason
of unfitness (homosexuality) as evidenced by your own admission.
You then elected to waive your right to consult counsel, submit a
statement or have your case heard by an administrative board
(ADB). On 3 November 1959, your commanding officer forwarded his
recommendation to discharge you by reason of unfitness
(homosexuality) with an other than honorable (OTH) discharge. On
13 November 1959, the discharge authority directed that you be
separated with an OTH discharge by reason of unfitness
(homosexual conduct admission) and assigned a reenlistment code
of RE-4. You were so discharged on 23 November 1959.
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your record.
Nevertheless, the Board concluded these factors were not
sufficient to warrant changing your characterization for
discharge, given your homosexual admission. In this regard, the
Board noted that you admitted to participating in homosexual acts
under aggravating circumstances by receiving compensation. The
Board also noted that you waived your right to an ADB, your best
opportunity for retention or a better characterization of
service. The Board concluded your discharge was proper as issued
and that 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.
Tt 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,
\oa
W. DEAN E
Executive Qiréctor
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