DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5367-02
16 December 2002
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
Ref:
Encl:
(a) 10 U.S.C. 1552
(b) SECNAVINST
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1910.4B
*
1. 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.
2. The Board, consisting of Ms. McCormick, Mr. Harrison, and Mr.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 19 November 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
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
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Navy on 8 August 1950.
time, he had completed 14 years of education.
At that
d. On 3 May 1952 Petitioner made a sworn statement to the
effect that during his service, he had committed off-base
homosexual acts with civilians.
e. On 29 May 1952 the commanding officer recommended an
undesirable discharge by reason of unfitness due to homosexual
acts.
recommendation for separation was approved and Petitioner was
discharged with an undesirable discharge on 17 June 1952.
After review by the discharge authority, the
f. Character of service was normally based, in part, on one's
conduct and proficiency averages,
from marks assigned during periodic evaluations.
conduct and proficiency averages were 4.00 and 3.68,
respectively.
honorable characterization of service at the time of Petitioner's
separation were 3.25 in conduct and 2.75 in proficiency.
both of which were computed
Petitioner's
The minimum average marks required for a fully
g. 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.
It provides Navy and Marine
Corps officials with the authority to involuntarily 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
individuals committed a homosexual act under one of the following
circumstances:
Reference (b) expressly prohibits the issuance of a
I:;
(3)
I:;
(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.
h. Petitioner's military records fail to disclose the presence
of any of the aggravating circumstances which would warrant the
issuance of an other than honorable discharge under the
provisions of reference (b).
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
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 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.
Board finds that given Petitioner's final conduct and proficiency
averages, relief in the form of recharacterization to honorable
is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
Using the standards of reference (b), the
a. That Petitioner's naval record be corrected to show that he
was issued an honorable discharge by reason of unfitness on 17
June 1952 vice the undesirable discharge actually issued on that
date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
C . That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 13
June 2002.
4. It is certified that a quorum was present at the Board's
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
and that the foregoing is a true and
COLDSMITH
V'rALAN E.
ROBERT D. ZSALMAN
Recorder
5 . Pursuant to the delegation of authority set out in Section
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.
Acting Recorder
-TLa?
%W. DEAN Pa IFFER
AE&-a-
Executive Director
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 | 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 | CY2003 | 03886-03
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 2 July 1964. f. On 9 June 1964, after Petitioner was advised of administrative separation action and waived his right to an administrative discharge board, the commanding officer recommended that he be separated...
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...
NAVY | BCNR | CY2005 | 07060-05
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 21 April 1961.2. Reference (b) sets forth the Department of Defense’s current policies, standards and procedures for administratively separating enlisted service members. Using the standards of reference (b), the Board...
NAVY | BCNR | CY2001 | 00031-01
the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. 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. 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...
NAVY | BCNR | CY2007 | 06878-07
Pursuant to the provisions of reference (a), with this former enlisted member of the Navy, filed enclosure (1) Board requesting that his discharge be upgraded. f. Reference (b) sets forth the Department of the Navy's current policies, standards, and procedures for administratively separating enlisted service members. It provides Navy and Marine Corps officials with the authority to involuntarily separate those service members who commit a homosexual act or acts.
NAVY | BCNR | CY2005 | 07071-05
Pursuant to the provisions of reference (a), Petitioner, aformer enlisted member of the Marine Corps, filed enclosure (1)with this Board requesting, in effect, that his naval record becorrected to show a more favorable type of discharge than theundesirable discharge issued on 18 November 1963.2. It provides Navy and Marine Corps officials with the authority to involuntarily separate those service members who commit a homosexual act or acts. Using the standards of reference (b), the Board...
NAVY | BCNR | CY2002 | 04362-01
the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. Averages of 3.0 in conduct and 2.7 h. Reference (b) sets forth the Department of the Navy's With regard to and procedures for administratively current policies, standards, separating enlisted service members. the 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...
NAVY | BCNR | CY2007 | 05279-07
-——_—_From:—-Chairman,;- DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 5279-07 18 April 2008 To: .Secréetary of the Navy Subj: FORMER