DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 5466-14
10 August 2015
Dear
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.
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
15 May 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.
In regard to your request for a personal appearance, be advised
that Board regulations state personal appearances before the
Board are not granted as a right, but only when the Board
determines that such an appearance will serve some useful
purpose. In your case, the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of the record.
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 22 February 1973. You served without disciplinary
incident until 29 March 1973, when you began a period of
unauthorized absence (UA) and did not return until
27 Boril 1973. As a result of your extended UA, you were sent
to Special Court-Martial (SPCM). You were found guilty and
received 30 days of restriction with a $200 forfeiture of pay
for one month. On 24 July 1973, you submitted a statement that
you had engaged in homosexual activity and that you withheld
this information in order to enlist in the Marine Corps. On
1 August 1973, you were recommended for an administrative
separation due to fraudulent enlistment. You chose not to
consult with counsel, elected to submit statements on your own
behalf, and did not object to separation. On 12 September 1973,
you were discharged with an other than honorable
characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service under “Don’t
Ask, Don’t Tell” (DADT) repeal of 10 U.S.C. 654, contention that
you falsely expressed homosexuality as an easy and quick way to
get out of the Marine Corps, and family support letters.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in your case, given that you
admitted to using homosexuality as means to get out of the
Marine Corps without completing your service obligations.
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 within one year from the date of the Board’s decision.
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 J. O'NEILL
Executive Director
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