DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7901 S. COURTHOUSE ROAD, SUITE 100T
ARLINGTON, VA 22204-2490
TIR
Docket No: 3285-13
3 March 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 25 February 2014. The names and votes of the
Members of the panel will be furnished upon request. _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 Brgnabte material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 23 October 1959. You served for nearly two years without
_Gisciplinary incident, but during the period from 24 October 1961
to 10 December 1962, you received nonjudicial punishment (NJP)} on
threé occasions and.were twice convicted by summary court-martial
(SCM). Your offenses -were wrongful possession of a false .
identification card, a five day:period of ‘unauthorized absence
(UA), wrongfully carrying a’.38 pistol: into’ Mexico, absence from
your appointed Place of duty, disrespect, failure to go to your
- appointed place of duty, failure to obey a lawful ONGEE,, ” and
possession of ° an unclean xifle.
‘ a
On 26 March 1963 you were ‘the subject of an investigation
regarding your participation’ in homosexual.acts. In this regard,
you admitted to “hustling “or -rolling” -homosexuals for toney,
' rings, .clothing, and.gifts. ‘You ‘further admitted. to assaulting
and robbing a homosexual while on leave and being arrested by
civil authorities. Nonetheless, you denied participating and/or
engaging in any homosexual acts.
On 22 May 1963 you were notified of administrative separation by
reason of unfitness due to participating in indecent acts or
offenses. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
18 July 1963 an ADB recommended separation under other than
honorable conditions by reason of unfitness. Shortly thereafter,
on 26 July 1963, you were convicted by civil authorities of
secorid degree burglary, and sentenced to confinement for one year,
which was suspended, and probation for two years. Subsequently,
your commanding officer, in-concurrence with the ADB, also
recommended separation under other than honorable conditions by
reason of unfitness due to misconduct due to conviction by civil
authorities. The discharge authority approved these .
recommendations for separation and directed an other than
honorable discharge by reason of unfitness, and on 29 July 1963
you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in three NJPs, two SCMs, and conviction by civil
authorities. Accordingly, your application has been denied.
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,
ROBERT D, ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2003 | 05654-03
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.Lou enlisted in he Navy on 14 August 1962 at age 18. On 18 February 1965 you submitted a written...
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 | CY2013 | NR3639 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 11436-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘ application on 20 July 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR7340 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7015. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2014. On 29 August 1980, the Naval Discharge Review Board (NDRB) recharacterized your service as general under honorable conditions by reason of unfitness.
NAVY | BCNR | CY2012 | 00456 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. On 28 September 1965, you received NJP for being UA for seven days. In this regard, the Board noted that you admitted to participating in homosexual acts under aggravating circumstances by receiving compensation.
NAVY | BCNR | CY2010 | 04738-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 March 2011. 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. On 25 October 1962 you submitted a written statement regarding participation in a homosexual act for money.
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 | CY2013 | NR4883 13
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
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.