DEPARTMENT OF
THE NAVY
BOARD FOR
CORRECTldl OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 31-01
22 June 2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
CORD OF
.I
(a) 10 U.S.C. 1552
(b) SECNAVINST
1910.4A
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy, filed enclosure
(1) with this Board requesting, in effect, that her discharge be
upgraded.
The Board, consisting of Mr.
Leeman, Ms. McCormick, and Ms.
2.
Wiley, reviewed Petitioner's allegations of error and injustice
on 12 June 2001 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
to Petitioner's allegations of error and injustice finds as
follows:
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
Although it appears that enclosure (1) was not filed in a
timely manner, it is in the interest of justice to waive the
status of limitations and review the application on its merits.
C .
Petitioner-enlisted in the Navy on 9 March 1959.
her enlistment, Petitioner was not the subject of any
disciplinary actions.
During
d.
On 22 January 1960, during an investigation by the Office
of Naval Intelligence
in homosexual acts after she was informed by one of her partners
that her involvement in homosexual activities would eventually
come to light.
(ONI), Petitioner admitted to participating
e.
On 17 February 1960 one of Petitioner's partners submitted
a written statement in which she admitted that the two of them
participating in homosexual acts in the barracks.
f.
On 1 March 1960 Petitioner submitted a written statement
in which she admitted that on one occasion she participated in
homosexual act while on watch.
Q-
During the ON1 investigations Petitioner stated that in
spite of her participation in homosexual acts, she was
experiencing problems and her involvement was strictly to
determine her sexual preference.
was not a homosexual and that she wished to stay in the Navy
because these acts would not recur.
She further stressed that she
h.
Subsequently, Petitioner was administratively processed
for separation by reason of unfitness due to participation in
homosexual acts.
discharge and on 18 March 1960 she was so separated.
of her separation, her conduct and proficiency marks were high
enough, under normal circumstances, to warrant an honorable
characterization of service.
The discharge authority directed an undesirable
At the time
Reference
(b) sets forth the Department of the Navy's
i.
With regard to
and procedures for administratively
current policies, standards,
separating enlisted service members.
homosexuality, reference (b) declares such behavior to be
incompatible with Naval Service.
Corps officials with the authority to involuntarily separate
those service members who commit a homosexual act or acts.
separated, the
service,member's discharge and character of
service must be based on his or her total performance of duty and
conduct.
discharge under conditions other than honorable unless the
homosexual act is committed under one of the following
circumstances:
(b) expressly prohibits the issuance of a
It provides Navy and Marine
Reference
If
(l).By using force, coercion, or intimidation;
(2) with a person under 16 years of age;
(3) with a subordinate in circumstances that violate
customary naval superior-subordinate relationships;
(4) openly in public view;
(5) for compensation;
(6) aboard a naval vessel or aircraft; or
2
4
(7) in another location subject to
aggravating circumstances noted in
adverse impact on discipline, good
the impact of such activity aboard
militarv control under
the finding
order, or morale comparable to
a vessel or aircraft.
that have an
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board believes that this act
circumstances with an adverse impact
The Board initially notes Petitioner's participation in
homosexual activities included one such act which occurred while
she was on watch.
occurred
under aggravating
comparable to the impact of such activity aboard ship.
the Board further notes that reference (b) does not mandate
discharge under other than honorable conditions if an aggravating
factor is present, but only authorizes such a characterization if
an aggravating factor is found to exist.
that based upon Petitioner's overall record of service and
current Department of the Navy policy as established in reference
(b) and its radical departure from the policy which was in effect
on 18 March 1960, the date of Petitioner's discharge, it would be
in the interest of justice to retroactively apply the standards
of reference
Using the standards of
reference (b), the Board finds that relief in the form of
recharacterization is appropriate despite the presence of an
aggravating factor.
unblemished disciplinary record and good performance.
her conduct and proficiency averages would normally warrant an
honorable discharge the Board concludes that given the presence
of an aggravating factor, recharacterization
discharge is appropriate.
In this regard, the Board notes her
(b) to Petitioner's case.
The Board concludes
to a general
However,
Although
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
she was issued a general discharge on 18 March 1960 vice the
undesirable discharge actually issued on that date.
b.
That a copy of this
Petitioner's naval record.
C .
That, upon request,
informed that Petitioner's
on 6 November 2000.
Report of Proceedings be filed in
the Veterans Administration be
application was received by the Board
3
.’
4
It is certified that a quorum was present at the Board's
4.
review and deliberations,
complete record of the Board's proceedings
matter.
and that the foregoing is a true and
in the above entitled
ROBERT D.
Recorder
ZSALMAN
ALAN E. GOLDSMITH
Acting Recorder
The foregoing action of the Board is submitted for your
5.
review and action.
Reviewed and approved:
JOSEPH
LYWCH
Assistant General Counsel
G.
(Manpower And Reserve Affairs)
/
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