DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
SIN
Docket No: 04667-11
15 February 2012
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 14 February 2012. 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 and began a period of active duty on
12 October 1965. The Board found that on 22 December 1965, you
received nonjudicial punishment (NJP) for one day of
unauthorized absence (UA). On 1 January 1966, you submitted a
sworn statement to your executive officer admitting to
participating in homosexual acts. In your statement you
admitted, in part, that you engaged in homosexual acts with
another Sailor in the “Forecastle of the ship, after dark,
during the movies while the ship was at sea.” You also admitted
that you did the same with a second Sailor “about a half dozen
times on the ship. On the ship, we did this in the bow of the
ship and inside the deck house of the main deck in a cargo
storage area.” On 27 January 1966, you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for your involvement in homosexual
activity. Prior to submitting this request for discharge, you
conferred with a qualified military lawyer, were advised of your
rights, and were warned of the probable adverse consequences of
accepting such a discharge. Your request for discharge was
granted and on 16 February 1966, you received an other than
honorable (OTH) discharge for the good of the service in lieu of
trial by court-martial. As a result of this action, you were
spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record
of service, and belief that these activities are acceptable in
today Navy. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge given your NUP, and sworn statement of homosexual acts
while onboard ship. In this regard, the Board noted that you
admitted to participating in homosexual acts under aggravating
circumstances that have an adverse impact on morale and
discipline. In your case, you committed these acts while
onboard a naval vessel under aggravating circumstances, which is
not acceptable in today’s Navy, and is sufficient even under
current standards to warrant an OTH discharge. The Board also
concluded that you received the benefit of your bargain with the
Navy when you were discharged rather than being tried by court-
martial, which could have resulted in a lengthy period of
confinement as well as a punitive 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 ef an. official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
LD Dean
W. DEAN PF
Executive tlor
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