DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 — SIN
Docket No: 03639-13
24 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 22 April 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
17 September 1964. The Board found that on 21 June 1965, you
received nonjudicial punishment (NUP) for two periods of
unauthorized absence (UA) totaling four days and disobedience.
On 29 October 1965, you were convicted by special court-martial
(SPCM) of 42 days of UA. You were sentenced to a reduction in
paygrade, confinement at hard labor, and a forfeiture of pay. On
15 December 1965, you submitted a sworn statement admitting to
participating in homosexual acts. You further stated that one
incident occurred for compensation and another while incarcerated
with another service member. 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 right to an administrative discharge board (ADB),
your case was forwarded and you received an undesirable discharge
on 10 January 1966.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and desire to have your characterization of service
changed. Nevertheless, the Board concluded these factors were
not
sufficient to warrant recharacterization of your discharge given
your NJP, SPCM conviction, and sworn statement that you engaged
in a homosexual act for compensation and other homosexual acts
while confined with other servicemembers. 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. Im your case, you received money to
engage in a homosexual act and participated in homosexual acts
while confined, which are sufficient even under current standards
to warrant an undesirable discharge. The Board noted that you
waived the right to an ADB, your best chance for a better
characterization of service. 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,
Tk a
ROBERT D. ZSALMAN
Acting Executive Director
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