DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1'S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2223-14
24 March 2015
bear
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, . _ .
Although your application was not filed ina timely manner, the
Board found it in the interest of justice to waive the statute of-
limitations and consider your application on its merits. A. *:
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
11 March 2015. 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 and began a period of active duty on
25 September 1951. On 14 August 1953, you received nonjudicial
punishment (NUP) for disobedience. On 30 April 1954, you were
arrested by civil authorities and charged with visiting a place
for immoral purposes. You were found guilty and sentenced to pay
a fine. Subsequently you submitted a written request for an
undesirable discharge for the good of the service in order to
avoid trial by court-martial for sodomy with another Sailor.
Prior to submitting this request for discharge, you conferred
with a qualified military lawyer, were advised of your rights,
and warned of the probable adverse consequences of accepting such
a discharge. Subsequently, your request for discharge was
granted and, on 2 July 1954, you received an other than honorable
discharge in lieu of trial by court-martial. As a result of this
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your NJP, civil conviction and request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge was approved since, by this action, you.
escaped the possibility of confinement at hard labor anda
punitive discharge. The Board also concluded that you received
the benefit of your bargain with the Navy when your request for
discharge was granted and should not be permitted to change it
now. 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 within one year from the date of the Board's decision,
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Si rel
ROBERT J. O'NEILL
Executive Director
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