DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

DocketNo: 1704-16 

SEP 12 2016 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 July 2016. The names and votes ofthe members ofthe panel 
will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You commissioned in the Navy and began a period of active duty on 4 June 1958. The Board 
found evidence that you admitted homosexual activity with civilian men and six enlisted men. 
Subsequently, you submitted your resignation for the good ofthe service and to escape trial by 
court-martial. After having been afforded all ofyour procedural rights, your case was forwarded 
to the separation authority recommending you receive an other than honorable (OTH) discharge. 
The separation authority concurred and directed that you be separated with an OTH discharge 
due to homosexuality. On 27 January 1964, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors such as your desire to upgrade your discharge to honorable pursuant to the 
Don't Ask, Don't Tell Repeal Act of2010 and allegations that you were denied legal counsel 
during your interview with investigating officials and your signed statement admitting sex with 
enlisted men was involuntary, false, coerced, and dictated to you while you were under duress. 
The Board also considered your service as an officer and a pilot, including your time as an attack 
pilot on the during the Republic ofVietnam engagement; your record of 
promotions; and your extensive post-service record, character letters, resume, and community 
involvement and contributions. The Board concluded these factors were not sufficient to warrant 
re-characterization ofyour discharge given your admission you engaged in homosexual acts with 
enlisted men which violates customary Naval fraternization policy. The Board presumed 
regularity since there was no evidence, and you provided none, ofcoercion or duress and 
determined your statement, that you had sex with enlisted men, was valid. The Board noted that 
you admitted participating in homosexual acts under aggravating circumstances that have an 
adverse impact on morale and discipline. In your case, you, as a commissioned officer, engaged 
in sexual acts with enlisted personnel which is sufficient, even under current standards, to 
warrant an OTH discharge. Under the Don't Ask, Don't Tell Repeal Act of2010, and the Under 
Secretary ofDefense Memo of20 September 2011 (Correction ofmilitary records following 
repeal of 10 U.S.C. 654), the Board can grant a request to upgrade a discharge that was 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, and (2) there were no aggravating factors 
such as misconduct. In reviewing your record and the evidence you provided, the Board 
determined an aggravating factor existed and 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 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 ofprobable 
material error or injustice. 


Executive Director