DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3919-18 NOV 03 2018 Dear 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. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2018. The names and votes of the members of the panel will be furnished upon request. Your allegations oferror 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, relevant portions of your naval record, and applicable statutes, regulations and policies. You enlisted in the Navy and began a period of active duty on 2 July 1973. On 13 December 1974, you made an admission ofhaving engaged in sexual encounters with various other Sailors onboard your ship, the . On 16 December 1974, you were notified of consideration for administrative separation due to the aforementioned sexual acts. Your records contain a Consultation Sheet, Clinical Record, which reads "Discussed problem (with) you on three occasions. He states that he indulged in sexual behavior with the intention of getting discharged." The Consultation Sheet also indicates that you admitted to sleeping with a teddy bear as a basis for discharge, but that was unsuccessful. You were discharged from the Navy on 15 January 1975, under honorable conditions and had a final overall trait average of 3.2. You request an upgrade to your discharge from general to honorable on the basis of an injustice. You stated that since the current policy permits homosexuals to serve in the military and receive honorable discharges, that your characterization of service should be upgraded. You state you had exemplary service, were never in trouble, and that following your discharge, you worked for the US Post Office. You ask that your discharge be upgrade in part so that you can receive VA benefits in . The Board, in its review ofthe entire record and application, carefully weighed your request to upgrade your characterization ofservice and took into consideration the "Don't Ask, Don't Tell" (DADT) repeal of 10 U.S.C. § 654. The Board noted that the circumstances of your conduct include participating in sexual acts onboard a Naval vessel which is an aggravating factor as defined under the repeal of DADT. Additionally, you admitted to engaging in sexual conduct in part to pursue a discharge from the Navy. The Board found that in consideration of the information documented in the Consultation Sheet of 16 December 1974, and noting the aggravating factor ofengaging in sexual conduct on board a Naval vessel, that your general discharge was appropriate and that an upgrade is not warranted. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director