DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 6124-13
30 July 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 29 July 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 Marine Corps and began a period of active
duty on 3 November 1972. The Board found that on 9 November
1972, you submitted a statement admitting to pre-service
homosexual conduct. On 10 November 1972, medical staff found
“that you did not suffer from psychosis or any other mental
disorder, and there was no evidence that you were feigning
homosexuality to obtain a discharge. It was recommended that you
be separated. As a result of your failure to disclose your pre-
service homosexual conduct, your commanding officer initiated
administrative discharge action by reason of fraudulent entry as
evidenced by your concealment of your pre-service homosexuality
after you were afforded all of your procedural rights.
On 17 November 1972, your commanding officer recommended that you
receive an undesirable discharge due to fraudulent enlistment.
On 22 November 1972, the separation authority directed that you
be discharged by reason of fraudulent enlistment with an other
than honorable discharge. You were so discharged on 30 November
1972. On 14 January 1977, your characterization of service was
upgraded to general by the Naval Discharge Review Board.
The Board, in its'review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. However, the
Board found that these factors were not sufficient to warrant
yecharacterization of your discharge given the fact that you
failed to disclose your pre-service homosexual conduct.
Furthermore, a general discharge is issued to most individuals
discharged due to fraudulent enlistment. 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
Boara 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,
Te DS Fa
ROBERT D. ALMAN
Acting Executive Director
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