DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 9424-10
13 October 2010
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 5 October 2010. 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 18 May 1948 at age 19 and began a
period of active duty. You served without disciplinary incident
until 25 December 1950, when you received captain’s mast (CM) for
being absent from your appointed place of duty for nearly 13
hours.
In February 1952 you were the subject of an investigation
regarding your unsolicited participation in homosexual conduct,
which was observed by another Sailor. This homosexual conduct,
specifically, fondling the penis of two other Sailors while they
were sleeping, was only terminated when you were startled by a
witness of your acts. As a result, you submitted a written
statement in which you admitted to exhibiting unusual sexual
behavior, to include homosexual tendencies, and participating in
homosexual acts after excessively consuming alcoholic beverages.
Your statement also included participation in homosexual acts
with a civilian in 1948. In this regard, on 11 March 1952, you
submitted a written request for an undesirable discharge for the
good of the service for participating in scandalous conduct
tending to the destruction of good morals as evidenced by the
1948 indecent, lewd, and lascivious acts.
It appears that the foregoing request was denied because you were
subsequently progessed by an administrative separation by reason
6f unfitness due’ to sexual perversion as evidenced by your
frequent participation in homosexual acts with both military
personnel and civilians. Subsequently, the discharge authority
directed your commanding officer to issue you an undesirable
discharge by reason of unfitness, and on 1 July 1952, 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, period of satisfactory service, post service conduct,
and desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your participation in
homosexual acts which included unsolicited acts on fellow Sailors
while they were sleeping. 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 official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\odemk
W. DEAN PF FRR
C
Executive r r
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