DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 04697-11
16 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
17 November 1981. The Board found that on 11 June 1983, you
were involved in a homosexual act onboard a naval vessel. The
act occurred at sea in the Flag messmen’s lounge, a common-use
Space, when you were discovered by a fellow Sailor. [In your
statement you admitted, to participating in a homosexual act
with another Sailor. Subsequently, administrative discharge
action was initiated by reason of homosexuality. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your
case was forwarded recommending that you be discharged under
other than honorable (OTH) conditions by reason of
homosexuality. The separation authority concurred and you
received an OTH discharge on 26 July 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your sworn statement of a homosexual act
while onboard ship. In this regard, the Board noted that you
admitted to participating in homosexual act under aggravating
circumstances that had an adverse impact on morale and
discipline. In your case, you were caught committing the act
while onboard a naval vessel under aggravating circumstances,
which 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,
Executive Dir
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