DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10472-10
27 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
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 26 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You reenlisted in the Navy on 4 March 1966 after more than two
years of honorable service. On 6 March 1967, you made a
voluntary statement to the Office of Naval Intelligence, and
admitted to receiving oral sex on three occasions from two
civilian males and a male Sailor. You also admitted to being
the active participant in an act of anal sex with a male
Sailor. In light of your statement, you were administratively
separated due to unsuitability. On 7 April 1967, you received
an honorable discharge due to unsuitability.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service, and allegation that you were raped by two men.
However, the Board concluded that you were correctly discharged
due to unsuitability based on your voluntary statement. The
Board found no evidence in your record to corroborate your
allegation, and you submitted no such evidence. In view of the
above, 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,
\Qaad
W. DEAN PF
Executive Directo
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