DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 3940-13
6 May 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 6 November 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,
regulations 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. ‘ oe
The Board found that you enlisted in the Navy on 26 June 1963.
On 18 June 1964 you received nonjudicial punishment for an
unauthorized absence, failure to go to appointed place of duty,
and underage drinking. on 9 July 1966 you made a statement that
you had engaged in homosexual acts during your time in service
with a male for compensation, an aggravating factor. On 25
October 1966 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 were not a homosexual, 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 by receiving compensation.
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 éther 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
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