DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE toot
ARLINGTON, VA 22204-2496
SIN
Docket No: 03174-12
12 February 2014
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. —
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 February 2014, 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
28 December 1961, The Board found that on 18 June 1962, you
submitted a sworn statement to the Office of Naval Intelligence
(ONI) admitting to participating in homosexual acts with another
enlisted service member. You further stated that the incident
occurred on base after leaving the enlisted club in an empty hut.
This act of homosexual activity ended when you were discovered by
a roving hut guard while making his rounds. Subsequently,
administrative discharge action was initiated and it was.
recommended that you receive an undesirable discharge by reason
of unfitness as evidenced by your own admission. After being
afforded all of your procedural rights, your case was forwarded
and you received an undesirable discharge on 3 August 1962.
The Board, in its review of your application, carefully weighed
-all potentially mitigating. factors, such as your youth, record of
service, and implied request to have your characterization of
service change pursuant to the “Don’t ask, don’t tell” (DADT).
Repeal Act of 2010. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your sworn statement that you engaged in
homosexual acts on base that were witnessed by another service
member. In this regard, the Board noted that you admitted to
participating in a homosexual act under aggravating circumstances
that have an adverse impact on morale and discipline. In your
case, you engaged in a homosexual act on base in a hut in plain
view of a roving watch, which is sufficient even under current
standards to warrant an other than honorable discharge. Please
be advised that under 10 United States Code (U.S.C.) 654
(Repeal), the Board can grant a request to upgrade a discharge
- based on homosexuality when two conditions are met: (1) the
original discharge was based solely on DADT or similar policy in
place prior to enactment of DADT and (2) there were no
aggravating factors such as misconduct. In your case, the Board
found aggravating factors. The Board concluded your discharge was
proper as issued and no change is warranted. Accordingly, your
application has been denied. The names ahd 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
‘yecord, the burden.is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
TT sD,
ROBERT D. Z2SALMAN
Acting Executive Director
NAVY | BCNR | CY2014 | NR576 14
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. In your case, the Board found misconduct and aggravating factors.
NAVY | BCNR | CY2012 | 04900 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2013. 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. In your case, the Board found aggravating factors.
NAVY | BCNR | CY2014 | NR4317 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2015. fier 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. In your case, the Board found aggravating factors.
NAVY | BCNR | CY2012 | 04144-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2013. As a result of the ONI investigation, on 25 September 1968, administrative discharge action was initiated and it was recommended that you receive an undesirable discharge by reason of unfitness due to engaging in a homosexual act on 15 July 1968. In your case, the Board found an aggravating factor.
NAVY | BCNR | CY2014 | NR2485 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 April 2015. 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. In your case, the Board found misconduct and aggravating factors.
NAVY | BCNR | CY2012 | 01889 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2012. 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. In your case, the Board found an aggravating factor, namely your engaging in the act onboard a naval vessel.
NAVY | BCNR | CY2014 | NR5905 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. 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. In your case, you engaged in homosexual acts onboard a Naval vessel, which is sufficient even under current standards to warrant an OTH discharge.
NAVY | BCNR | CY2013 | NR8007 13
DEPARTMENT OF THE NAVY DF PETORDE OR CORRECTION OF NAVAL 7m ere 704 5. COURTNOUSE ROAR. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2014.
NAVY | BCNR | CY2013 | NR4994 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAL Docket No: 4994-13 30 May 2014 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 14 May 2014. Documentary material considered by the Board...
NAVY | BCNR | CY2013 | NR2826 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2014. Documentary material considered by the Board consisted of your application, together with all material submitted in support “hereof, your naval record, and applicable statutes, regulations, and policies. You reenlisted in the Navy on 20 September 1976 after more than four years of prior honorable service.