DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
TJR
Docket No: 1412-01
5 July 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
::;
(1)
(2)
(3)
CORD OF
10 U.S.C. 1552
SECNAVINST
1910.4B
DD Form 149 with attachments
Case Summary
Subject's naval record
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 that his general discharge be
upgraded to an honorable discharge.
The Board, consisting of Ms. Hare, Mr. Harrison, and Mr.
2.
Mazza, reviewed Petitioner's allegations of error and injustice
on 26 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.
Enclosure (1) was filed in a timely manner.
C .
Petitioner enlisted in the Navy on 10 May 1994.
During
his service,
he was not the subject of any disciplinary action.
During the early part of his enlistment his conduct and overall
trait averages under the old performance evaluation system were
both 3.8.
sufficient to warrant a fully honorable characterization of
service under this system.
system, Petitioner received a final overall trait average of
2.81, which exceeded the 2.0 average required for a fully
honorable characterization of service.
Conduct and overall trait averages of 3.0 and 2.8 were
Under the new performance evaluation
d.
On 19 June 1997 Petitioner admitted that he was bisexual
and further stated that he had participated in homosexual acts.
Subsequently, he was processed for an administrative separation
by reason of homosexuality due to his admission.
his procedural rights, on 20 June 1997 the commanding officer
recommended a general discharge.
On 18 July 1997, by message to
Petitioner's command, the separation authority directed discharge
with the characterization to be
review.'!
On 24 July 1997 Petitioner was issued a general discharge by
reason of "homosexual conduct admission."
"based on service record
After he waived
Reference
(b) sets forth the policies, standards, and
e.
As it pertains to Petitioner's case, the
procedures for administratively separating enlisted
servicemembers.
reference states that individuals separated for homosexuality
will receive either an honorable or general discharge, based on
his or her total performance of duty and conduct.
regard, the average marks are one factor to be considered, but
they are not determinative.
If an individual's discharge is
deemed warranted, reference (b) states that the separation
authority must assign a characterization of service.
In this
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
The Board initially notes Petitioner's overall satisfactory
record of service for more than three years, and is especially
aware that he served without any disciplinary infractions and his
average marks were satisfactory to above average.
The Board is
also aware that, in accordance with current regulations, an
individual who is discharged by reason of homosexuality should
receive the characterization of service warranted by his or her
service record.
performance and unblemished record, the Board believes that an
honorable discharge is the characterization warranted by his
service record.
Along these lines, the Board is aware that
Petitioner's final mark averages do not compel an honorable
characterization of service, but also concludes there is no good
reason to depart from the marks in'this case.
Given Petitioner's length of service, good
The Board also tangentially notes that the separation authority
essentially delegated the decision on the characterization of
Petitioner's
so doing, the separation authority abrogated its responsibility
under reference
service.
The Board believes that in
(b) to assign the appropriate characterization of
senvice to his command.
Based on the foregoing,
of recharacterization is appropriate.
the Board finds that relief in the form
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he was issued an honorable
general discharge actually
discharge on 24 July 1997 vice the
issued on that date.
b.
That a copy of this
Petitioner's naval record.
C .
That, upon request,
informed that Petitioner's
on 22 February 2001.
Report of Proceedings be filed in
the Veterans Administration be
application was received by the Board
It is certified that a quorum was present at the Board's
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
;/q*
ROBERT D. ZSALMAN
Recorder
&p
AIAN
Acting Recorder
Fi-. GOLDSMITH
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulation, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
Executiv
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