DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O% S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 11001-12
10 April 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.
A three- ~member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 September 2013. 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, .
neguiations 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 30 June 1955.
On 11 April 1957 you made a written statement that you had
engaged in homosexual acts while in the Marine barracks, an
aggravating factor. .On 19 July 1957 you received an undesirable’
discharge by reason. of unfitness due to homosexual acts.
In its review of your’ application,’ the Board carefully
considered your contention that you had no misconduct but found
it unsubstantiated and insufficient to warrant: the approval of
your request for corrective action. Further, the Board noted
that you admitted to participating in homosexual acts under
aggravating circumstances. Even under today’s standards, the
fact that the homosexual acts occurred in the barracks is an
aggravating factor. 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,
ee SS. i
ROBERT D. ZSALMAN
Acting Executive Director
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