DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ORS
Docket No: 11903-10
4 February 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 2 February 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 Si
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.
The Board found that you enlisted in the Navy on 12 July 1982.
On 19 January 1983 your commanding officer recommended that you
be separated from the Navy by reason of homosexuality, with a
discharge under other than honorable conditions. He stated that
you were a self-admitted homosexual who admitted to engaging in
homosexual acts on board the ship. You were discharged on 4
March 1983.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the contention that a recent court ruling
would allow your change of characterization of service. The
Board concluded that those factors were insufficient to warrant
recharacterization of your service. In this regard, the Board
noted that current policy provides that the characterization of
service for individuals discharged for homosexuality will not
normally be under other than honorable conditions; however, such
a characterization is authorized for individuals who commit
homosexual acts on board a ship, as you did. 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.
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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 LAjUStLeS.
Sincerely,
Loa KE
W. DEAN P
Executive tor
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