DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10614-10
27 July 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 27 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 5 November 1987, at age 19. On 15
June 1989, you received nonjudicial punishment (NIP) for
committing sodomy with a crewmember on two occasions. You
confessed to participating in homosexual acts and experiences
with a male Sailor onboard a naval veesel. As a result, you were
processed for an administrative discharge by reason of
homosexuality as evidenced by your own admission. You then
elected to waive the rights to consult counsel, submit a
statement or have your case heard by an administrative board. On
19 June 1989, your commanding officer forwarded his
recommendation to discharge you by. reason of homosexuality with a
discharge under other than honorable (OTH) conditions. On 22
June 1989, the discharge authority directed that you be separated
with an OTH discharge by reason of homosexuality. You were so
discharged on 31 July 1989. At that time you were assigned an
RE-4 reenlistment code.
The Board, in its review of your entire record, carefully weighed
all potentially mitigating factors, such as your youth,
immaturity, and admission. Nevertheless, the Board concluded
these factors were not sufficient to warrant yecharacterization
of your discharge given your misconduct. In this regard, the
Board noted that you admitted to participating in homosexual acts
in a location subject to military control under aggravating
circumstances that have an adverse impact since it occurred
aboard a vessel. In your case, since the activity occurred
onboard a naval vessel, it is sufficient even under current
standards to warrant an OTH discharge. The Board concluded your
discharge was proper as issued and 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.
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,
LO Wear
W. DEAN PF
Executive D r
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