DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 6310-14
28 July 2015
Dear
This is in reference to your application for correction of late
husband’s 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 10 July 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, his 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.
Your husband enlisted in the Navy and began a period of active
duty on 22 January 1948. He served without incident until 24
June 1952, at which time he became the subject of an
investigation due to his involvement in homosexual acts.
Shortly thereafter, on 2 July 1952, he received nonjudicial
punishments (NJP) for two instances of sodomy. Subsequently, he
submitted a written statement requesting discharge for the good
of the service to avoid trial by court-martial as a result of
the foregoing investigation. Prior to submitting this request,
he conferred with a qualified military lawyer at which time he
was advised of his rights and warned of the probable adverse
consequences of accepting such a discharge. His request was
granted and his commanding officer was directed to issue an
other than honorable discharge by reason of the good of the
service. As a result of this action, he was spared the stigma
of a court-martial conviction and the potential penalties of a
punitive discharge and confinement at hard labor. On 6 August
1952, he was so discharged.
The Board, in its review of the entire record and your
application, carefully weighed all potentially mitigating
factors, such as your desire to upgrade your husband's
discharge. Nevertheless, the Board found that these factors
were not sufficient to warrant relief given your husband’s
misconduct as evidenced by four NUPs and his request for
discharge. Further, the Board concluded that your husband
received the benefit of his bargain with the Marine Corps when
his 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.
Sincerely,
ROBERT J. O’NETLL
Executive Director
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