DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 2485-14
8 May 2015
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 in a 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
24 April 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 Marine Corps, began a period of active duty
on 31 August 1960, and satisfactorily served without
disciplinary incident for about one year. However, on
29 September 1961 and again on 23 April 1963, you were convicted
by special courts-martial (SPCM) of 31 days of unauthorized
absence. On 16 July 1963, you received nonjudicial punishment
(NJP) for drinking on duty.
On 8 January 1963, you submitted a sworn statement admitting to
participating in homosexual acts for money. As a result of the
foregoing admission, administrative discharge action was
initiated by reason of unfitness as evidenced by your own
admission. At that time you waived your procedural rights. The
discharge authority approved and directed a discharge under
other than honorable conditions and, on 25 July 1963, you were
so discharged.
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 have your discharge
upgraded. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your record of two SPCMs, NJP, and sworn statement that
you engaged in homosexual acts for money. In this regard, the
Board noted that you admitted to participating in homosexual
acts under aggravating circumstances that have an adverse impact
on morale and discipline. In your case, you engaged in
homosexual acts for financial gain, which is sufficient even
under current standards to warrant an other than honorable
discharge.
Please be advised that under 10 United States Code (U.8.C.}) 654
(Repeal), the Board can grant a request to upgrade a discharge
based on homosexuality when two conditions are met: (1) the
original discharge was based solely on “don’t ask don’t tell”
(DADT) or similar policy in place prior to enactment of DADT and
(2) there were no aggravating factors such as misconduct. In
your case, the Board found misconduct and aggravating factors.
The Board concluded your discharge was proper as issued and no
change is warranted. 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 record, the burden is
on the applicant to demonstrate the existence of material error
or injustice.
Sincerely,
ROBERT J. O’NEILL
Executive Director
2
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