DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				     2 NAVY ANNEX
                                  WASHINGTON DC 20370 

										CRS 
Docket No: 7777-05
27 February 2007

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 7 February 2007. 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 on 6 January 1944. Although the request for discharge is not in your record, it appears that you subsequently requested an undesirable discharge in order to avoid trial by court-martial for a homosexual act. According to your own account, the homosexual act was committed aboard a naval vessel when you fondled another Sailor while he was sleeping. It appears that your request was granted and, 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 record clearly shows that on 6 January 1944 you received an undesirable discharge for the good of the service in order to escape trial.

In its review of your application the Board carefully weighted all potentially mitigating factors, such as your contention that the discharge was unjust. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterjzation of your discharge. In this regard, the Board noted that current policy provides that the characterization of service for individuals discharged due to homosexuality will not normally be under other than honorable conditions. Nevertheless, such a characterization is authorized for individuals such as yourself who commit homosexual acts by using force, coercion, or intimidation; or aboard a naval vessel. Therefore, the Board concluded that no change to the discharge is warranted. Accordingly, 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 is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

2