DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 12977-10
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 5 January 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.
The Board found that you enlisted in the Marine Corps on 30
November 1961. You received nonjudicial punishment on three
occasions and were convicted by a special court-martial for
offenses that included unauthorized absences, underage drinking,
possession of another person’s identification card, and
possession of alcohol in the barracks. On 1 April 1964 you made
a statement that you had committed homosexual acts with
civilians. On 23 January 1964 civil authorities convicted you of
petty theft. The court sentenced you to a fine of $56.00 and
probation for one year. A special court-martial convened on 10
April 1964 and found you guilty of two periods of unauthorized
absence and breaking arrest. The court sentenced you to
confinement at hard labor for six months, forfeiture of $55.00
per month for six months, reduction in rate, and a bad conduct
discharge.
On 29 June 1964 your commanding officer recommended your
separation from the Marine Corps. On 24 July 1964 you received
‘an undesirable discharge by reason of unfitness due to homosexual
acts.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that such a discharge would not exist
today. The Board concluded that those factors were insufficient
to demonstrate that you were discharged in error or to warrant a
change in characterization of service. 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,
Label
W. DEAN PFE
Executive Divrest
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