DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BIG
Docket No: 8234-13
5 September 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 4 September 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy and began a period
of active duty 13 September 1978. You received nonjudicial
punishment on two occasions and were convicted by a special
court-martial. Your offenses included destruction of government
property, assault (two instances), being drunk and disorderly,
communicating a threat, performing an indecent act for indirect
compensation, resisting apprehension, and breach of the peace.
You also committed the following acts for which no disciplinary
action was taken: being drunk and disorderly, assault, and
“age LEN
wrongful possession, introduction, and transfer of a controlled
substance. You were then notified that your commanding officer
was recommending you for administrative separation with an other
than honorable (OTH) discharge due to homosexuality. You waived
your procedural right to have your case heard by an
administrative discharge board (ADB). on 19 February 1982, you
were Gischarged under OTH conditions due to homosexuality, and
assigned an RE-4 {not recommended for retention) reenlistment
code.
In its review of your, application, the Board carefully weighed
all potentially mitigating factors, such as your youth, drug and
- alcohol abuse, andgthe repeal of the “pon’t ask, don’t tell”
homosexual policy. However, the Board concluded that your
application should be denied in light of the aggravating
circumstances of your committing an indecent act for indirect
compensation and other serious misconduct. The Board noted that
you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. In view of
the above, 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 4s on the applicant to demonstrate the
existence of probable material error ofr injustice.
-
Sincerely,
Fxecutive Director
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