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

Docket No: 2572-19
Ref: Signature Date 

Dear 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error 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, sitting in executive session, considered your application on 16 April 2020.  The names and votes of the members of the 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 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 October 1956.  On 7 February 1957, you were convicted by civilian authorities of contributing to the delinquency of a minor.  On 30 December 1958, you received non-judicial punishment (NJP) for an unauthorized absence.  The record reflects that a Naval Investigative Service (NIS) investigation was conducted into your alleged misconduct involving homosexuality. On 23 December 1958, you provided a voluntary statement in which you admitted that, on more than one occasion, you accepted money for sexual acts that were performed on you. As a result of the investigation and your voluntary statement, you were notified of pending administrative action to separate you from the naval service. On 10 January 1959, you accepted an other than honorable (OTH) characterization of service discharge for the good of the service to avoid trial by court-martial.  You were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  Your commanding officer (CO) recommended administrative discharge from the naval service with an OTH characterization of service by reason of unfitness.  The separation authority directed your administrative discharge with an OTH characterization of service by reason of unfitness.  On 27 January 1959, you were so discharged.  

The Board carefully weighed all potentially mitigating factors in your case, including your desire to change your narrative reason for separation and upgrade your discharge.  The Board considered your contention that you were discharged for homosexuality, although now homosexuality is permitted in the Navy. The Board concluded, however, that these factors were insufficient to warrant relief in your case given that your homosexual acts involved additional misconduct.  In this regard, you admitted to participating in homosexual acts under aggravating circumstances that have an adverse impact on morale and discipline—specifically, you engaged in homosexual acts for compensation, which during that time period was sufficient to warrant an OTH discharge.  Therefore, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,