DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No. 0614-02
15 July 2002
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
Ref:
Encl:
(a) 10 U.S.C. 1552
(b) SECNAVINST
1910.4B
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, that his discharge be upgraded.
The Board, consisting of Messrs. Neuschafer, Cooper, and
2.
Dunne, reviewed Petitioner's allegations of error and injustice
on 10 July 2002 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 Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
C .
Petitioner enlisted in the Navy at age 17 on 27 July
1954 for four years.
officer (E-4) on 16 November 1956 and served without incident
until 13 November 1956.
He was advanced to third class petty
d.
On 13 November 1956 Petitioner admitted to participating
Specifically, Petitioner and
in an act of homosexual conduct.
another man were discovered committing a homosexual act in a
parked car at 0110 hours in a parking lot.
admission Petitioner requested an undesirable discharge for the
good of the service to escape trial by general court-martial.
His request was forwarded to the Chief of Naval Personnel (CNP)
on 6 December 1956 and was granted by CNP on 20 December 1956.
He received an undesirable discharge due to unfitness on 15
January 1957.
Pursuant to this
Reference (b) sets forth the Department of the Navy's
With regard to
current policies, standards and procedures for administratively
separating enlisted servicemembers.
homosexuality, reference (b) declares such behavior to be
incompatible with naval service.
Corps officials with the authority to involuntary separate those
servicemembers who commit a homosexual act or acts. If
separated, the servicemember'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:
Reference (b) expressly prohibits the issuance of a
It provides Navy and Marine
e.
;z’;
(3)
(4)
(5)
(6)
(7)
By using force, coercion, or intimidation;
with a person under 16 years of age;
with a subordinate in circumstances that violate
customary naval superior-subordinate relationships;
openly in public view;
for compensation;
aboard a naval vessel or aircraft; or
in another location subject to military control under
aggravating circumstances noted in the finding that
have an adverse impact on discipline, good order, or
morale comparable to the impact of such activity aboard
a vessel or aircraft.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
corrective action.
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 the date of Petitioner's discharge, the Board
concludes that it would be in the interests of justice to
retroactively apply the standards of reference (b) to
Petitioner's case.
Based upon Petitioner's overall record of
Using the standards of reference (b), the Board finds that relief
in the form of recharacterization is appropriate, despite the
2
fact that the homosexual act at issue might be deemed to have
occurred openly in public view.
that the participants did not flaunt their behavior, in fact, it
is clear that they did not desire to be seen.
notes Petitioner's unblemished record up until this incident.
Accordingly, the Board concludes that recharacterization to a
general discharge is appropriate.
In this regard, the Board notes
The Board further
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he received a general discharge by reason of unfitness on 15
January 1957, vice the undesirable discharge actually issued on
that date.
b.
That no further relief be granted.
C . That this Report of Proceedings be filed in Petitioner's
naval record.
d.
That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 23 January 2002.
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.
Pursuant to the delegation of authority set out in Section
ROBERT D. ZSALMAN
Recorder
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, 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.
NAVY | BCNR | CY2002 | 07086-02
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the undesirable discharge issued on 4 June 1958. f. On 13 May 1958, after Petitioner was advised of administrative separation action and waived her right to an administrative discharge board, recommended that she be separated with an undesirable...
NAVY | BCNR | CY2002 | 06906-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TJR Docket No: 6906-01 20 March 2002 Chairman, Board for Correction of Naval Records Secretary of the Navy r. (a) 10 U.S.C. the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. the Board finds that despite the arguable no useful purpose is served by Accordingly, the Board The Board In view of the foregoing, injustice warranting the...
NAVY | BCNR | CY2002 | 02366-02
diescharge by reason of unfitness as On 4 August 1955 g. Reference (b) sets forth the Department of the Navy's With regard to and procedures for administratively current policies, standards, separating enlisted service members. Based on 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 the date of Petitioner's discharge, be in the interest of justice to...
NAVY | BCNR | CY2002 | 05367-02
Pursuant to the provisions of reference (a), Petitioner, a filed enclosure (1) with this former enlisted member of the Navy, that his naval record be corrected Board requesting, in effect, to show a more favorable type of discharge than the undesirable discharge issued on 17 June 1952. Based upon Petitioner's overall record of service and 2 current Department of the Navy policy as established in reference (b) and its radical departure from the policy which was in effect on 17 June 1952, the...
NAVY | BCNR | CY2002 | 03823-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 TJR Docket No: 4 December 2002 3.823-02 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: NAVAL RECORD Ref: (a) 10 U.S.C. Based on Petitioner's overall record of service and current Department of the Navy policy as established in reference its radical departure from the policy which was in effect on the date of Petitioner's discharge, be in the interest...
NAVY | BCNR | CY2002 | 09571-02
1552 (b) SECNAVINST 1910.4B Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's naval record I. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, corrected to show a more favorable type of discharge than the undesirable discharge issued on 11 August 1969. that his naval record be 2. current Department of the Navy policy as established in reference (b) and its...
NAVY | BCNR | CY2002 | 02432-02
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his discharge be upgraded. His admission of homosexual activity was confirmed by e. On 14 May 1958 Petitioner requested discharged in lieu of court-martial for the good of the service for his participation in homosexual acts. A conduct average of 4.0 was required for a Accordingly, had Petitioner been h. Reference (b) sets forth the...
NAVY | BCNR | CY2005 | 09829-05
Pursuant to the provisions of reference (a), Petitioner, Subject's brother-in-law and conservator of her estate, filed an application with this Board requesting a better characterization of service then the undesirable discharge issued on 28 October 1964. After review, the discharge authority directed an undesirable discharge by reason of unfitness and she was so discharged on 28 October 1964, d. Reference (b) sets forth the Department of the Defense's current polices, standards and...
NAVY | BCNR | CY2001 | 03908-01
Pursuant to the provisions of reference (a), Petitioner,, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the undesirable discharge issued on 21 August 1964. CONCLUSION: Based upon Petitioner's overall record of service and Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants...
NAVY | BCNR | CY2001 | 04645-01
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, that his naval record be corrected Board requesting, in effect, to show a more favorable type of discharge than the undesirable discharge issued on 12 August 1968. Based upon Petitioner's overall record of service and 2 current Department of the Navy policy as established in reference (b) and its radical departure from the policy which was in effect on 12 August 1968, the date of Petitioner's...