DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
				   2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

                	CRS
										Docket No: 388-07 
										20 March 2008

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 19 March 2008. 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 28 March 1972. On 13 July 1973 you underwent psychiatric evaluation, and acknowledged that you had homosexual tendencies. On 3 October 1973 you were honorably discharged by reason of unsuitability due to homosexual tendencies.

Your contentions that you are not a homosexual and that you did engage in homosexual acts do not provide a basis for corrective action in your case. In this regard, the Board noted that you were discharged for homosexual tendencies, rather than homosexual acts. The Board was not persuaded that it would be in the interest of justice for it to change the basis of your discharge. 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,

W. DEAN PFEIFFER
  Executive Director

2