DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 5942-17 
NOV 07 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 ofthe 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 three­
member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 3 October 2017. The names and votes ofthe members ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period ofactive duty on 31 August 1950. On 16 July 1953, you were convicted by civil authorities of"Vagrancy, Lewd and Dissolute conduct." You pied guilty and were sentenced to 180 days in jail with one day suspended. On 22 July 1953, you made a voluntary statement regarding your involvement in homosexual acts prior to and during your service. U.S. Naval Hospital, , medical personnel diagnosed you with a schizoid personality. After further evaluation while hospitalized, your diagnoses changed to sexual deviate, overt, active and passive, homosexuality that existed prior to your enlistment which became apparent only under the stress of deprivation ofnormal heterosexual outlets. On 17 August 1953, you signed a statement to accept an undesirable discharge for the good ofthe service to escape trial by general court-martial. On 14 October 1953, you were discharged with an undesirable discharge. 

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. The Board, in its review ofyour application, carefully weighed all potentially mitigating factors, such as your record ofservice, desire to have the reason for your discharge changed, you were giving 
a drunken Sailor a ride and was accused ofmolesting him, and contentions that you did not have a lawyer, received no advice, and were unjustly treated. The Board noted that you provided no evidence to support your contentions. Absent of such evidence, the Board relied upon the presumption ofregularity and relevant portions of your naval record. The Board concluded these factors were not sufficient to warrant changing the reason for your discharge given your civil conviction, which you pleaded guilty, and your signed a statement accepting an undesirable discharge for the good ofthe service to escape trial by general court-martial. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew and material · evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director