DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 7340-13
18 August 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 13 August 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 probable material error or
injustice.
You enlisted in the Navy on 13 March 1968 at age 18 and served
about five months without disciplinary infraction. However, on
28 August 1968, after undergoing a medical evaluation, you
admitted to participating in a homosexual act with a civilian. As
a result, you were the subject of an investigation concerning
your participation in homosexual conduct. At that time you
submitted a written statement regarding your participation in a
homosexual act for money, specifically, $5. Your statement
further noted the possibility of you continuing to participate in
homosexual conduct.
On 2 October 1968, you received nonjudicial punishment (NJP) for
a 10 day period of unauthorized absence (UA). The punishment
imposed was restriction and extra duty for 30 days and reduction
to paygrade E-1. Subsequently, you were notified of pending
administrative separation by reason of unfitness due to
homosexuality as evidenced by you engaging in, attempting to
engage in, or soliciting another to engage in a homosexual act or
acts for compensation. At that time you waived your right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB). On 18 October 1968 your
commanding officer recommended separation under other than
honorable conditions by reason of unfitness. On 25 October 1968
the discharge authority approved the foregoing recommendation and
directed your commanding officer to issue you an other than
honorable discharge by reason of unfitness. On 1 November 1968
you received NUP for a one day period of UA and were awarded
restriction for 10 days and extra duty for five days. Shortly
thereafter, on 13 November 1968, you were issued an other than
honorable discharge ‘by reason of unfitness.
On 29 August 1980, the Naval Discharge Review Board (NDRB)
recharacterized your service as general under honorable
conditions by reason of unfitness. On 7 July 1981, you were
issued a Certificate of Release or Discharge from Active Duty (DD
Form 214) which reflects the foregoing characterization of
service.
The Board, in its review of your entire record and application,.
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, request for a full pardon, and
desire to upgrade your general discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
relief in your case because of the seriousness of your misconduct
for compensation, which resulted in two NJPs, and your
participation in homosexual conduct. Further, although you were
given an opportunity to defend yourself and chose to waive your
procedural right to present your case to an ADB, NDRB negated
these actions and recharacterized your service as being under
honorable conditions. However, the Board concluded that further
recharacterization of your discharge is not warranted given your
participation in homosexual acts for compensation, which is
sufficient, even under current Standards, to warrant an other
than honorable discharge. 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 DTD, ALMAN
Acting Executive Director
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