DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 9753-10
24 June 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 23 June 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 Marine Corps on 10 November 1987 after more
than five years of honorable service in the Air Force. On 24
January 1944, you received nonjudicial punishment (NUP) for
operating a motor vehicle on base while intoxicated. In March
1992, you were the subject of a Naval Investigative Service (NIS)
investigation, after being suspected of committing sodomy and
indecent assault. You stated in part that you did not know what
came over you, but it was an attraction you felt toward this
individual. You stated that you were sometimes attracted to
males as well as females. On 21 April 1992 you received NJP for
two instances of insubordinate conduct toward a superior officer,
assault by attempting to scare a Marine with a knife, and two
instances of indecent acts with another on board Camp Hansen,
Okinawa, Japan. You were counseled regarding your misconduct and
warned that further offenses could result in administrative
separation. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to homosexual acts. You waived all of your procedural
rights, including your right to an administrative discharge board
(ADB). On 15 May 1992, you received the OTH discharge due to
homosexual acts and were assigned an RE-4 reentry code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and prior honorable service in the Air Force.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge and
reentry code given the seriousness of your misconduct that
resulted in two NUJPs and your admission of participation in
homosexual acts with other Marines on a marine 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,
LoD ews
W. DEAN PFE E
Executive D r
NAVY | BCNR | CY2013 | NR8234 13
You waived your procedural right to have your case heard by an administrative discharge board (ADB). However, the Board concluded that your application should be denied in light of the aggravating circumstances of your committing an indecent act for indirect compensation and other serious misconduct. Consequently, when applying for a correction of an official naval record, the burden 4s on the applicant to demonstrate the existence of probable material error ofr injustice.
NAVY | BCNR | CY2010 | 08392-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 June 2011. 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. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB).
NAVY | BCNR | CY2010 | 11436-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘ application on 20 July 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR5905 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. 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. In your case, you engaged in homosexual acts onboard a Naval vessel, which is sufficient even under current standards to warrant an OTH discharge.
NAVY | BCNR | CY1999 | Document scanned on Mon Feb 05 13_50_44 CST 2001
My defense counsel did not question During the (ADB) I was upset that the (ADB) any witness and myself doing (sic) the (ADB) about (0’s) behavior. Naval Military Personnel Manual (MILPERSMAN) make this guarantee applicable to an ADB respondent by stating that such an individual is entitled to “qualified counsel,” and defining that term as “counsel qualified under Article 27(b) of the UCMJ.” Articles 3640200.7 and 3620200.lv of the United States v. Marshall, 45 Strickland, at 687. Article...
NAVY | BCNR | CY2010 | 11330-10
Documentary material considered by the Board consisted of your application, together with all, material gubmitted in support thereof, your naval record, and applicable statutes, regulations, and policies. As a result of the NIS investigation, you were convicted by general court-martial (GCM) of five specifications of indecent assault against female Marines, peeping through a window of a Female Marine, looking into the bathroom of a female Marine, and unlocking a bathroom door and peeping...
NAVY | DRB | 2001_Navy | ND01-00307
ND01-00307 Applicant’s Request The application for discharge review, received 010117, requested that the characterization of service on the discharge be changed to honorable. 990203: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, and committed homosexual conduct by engaging in, attempting to engage in, or soliciting another to engage in a homosexual act as evidenced by nonjudicial...
NAVY | BCNR | CY2013 | NR3285-13
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. Nonetheless, you denied participating and/or engaging in any homosexual acts. On 22 May 1963 you were notified of administrative separation by reason of unfitness due to participating in indecent acts or offenses.
NAVY | BCNR | CY2012 | 04144-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2013. As a result of the ONI investigation, on 25 September 1968, administrative discharge action was initiated and it was recommended that you receive an undesirable discharge by reason of unfitness due to engaging in a homosexual act on 15 July 1968. In your case, the Board found an aggravating factor.
NAVY | BCNR | CY2013 | NR2510-13
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 March 2014. You were "80 discharged .On 29 October 1992. , Ce The Board, in its review of your application, carefully weighed all potentially’ mitigating factors, such as your record of service, post service accomplishments, character letters, and desire to upgrade your discharge. Consequently, when applying for a correction of an official naval record, the...