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. 1552
(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 Navy,
Board requesting that the characterization of his discharge be
changed.
filed enclosure (1) with this
The Board, consisting of Messrs. Frankfurt, Geisler, and
2.
Mackey, reviewed Petitioner's allegations of error and injustice
on 12 March 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 enclosure (1) was not filed in a
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 Marine Corps on 30 July 1940 at
He then served without incident for more than two
the age of 18.
years and was advanced in rank to CPL
.
d.
On 24 August 1942 Petitioner was arrested by civil
authorities and charged with sexual perversion in that he was
observed participating in oral sex with another man in a parked
car at about 2100 hours
On 18 September 1942, the foregoing
charge was dismissed because Petitioner was allegedly under the
.
influence of alcohol to an extent that he was not responsible for
his actions.
e.
Subsequently, Petitioner was processed for an
administrative separation by reason of moral turpitude/sexual
During the processing of his case, it was noted that
perversion.
neither Petitioner nor his co-actor indicated
when apprehended,
that he was drunk, let alone that he was intoxicated to a degree
On 21 January 1943
that he was not responsible for his actions.
he received an undesirable discharge.
discharge Petitioner's conduct average of 4.8 was higher than the
average mark of 4.0 which was required for a fully honorable
characterization of service.
At the time
of.hi-s
f. Reference
(b) sets forth the Department of the Navy's
current policies, standards,
separating enlisted service members.
homosexuality, reference
incompatible with Naval Service.
Corps officials with the authority to involuntarily separate
those service members who commit a homosexual act or acts.
(b) declares such behavior to be
It provides Navy and Marine
and procedures for administratively
With regard to
If 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
Reference
(1) By using force, coercion, or intimidation;
(2) with a
person under 16 years of age;
(3) with a
customary naval
subordinate in circumstances that violate
superior-subordinate relationships;
(4) openly
(5) for compensation;
in public view;
(6) aboard a naval vessel or aircraft; or
(7) in another location subject to military control
aggravating circumstances noted in the finding that have
adverse impact on discipline, good order,
the impact of such activity aboard a vessel or aircraft.
or morale comparable to
under
an
-_.
.
Petitioner's military records fail to disclose the
presezce of any of the aggravating circumstances which would
warrant the issuance of an other than honorable discharge under
the provisions of reference (b).
2
CONCLUSION:
the
However, the activity occurred in a parked car
Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the nature of Petitioner's indiscretion and
concludes that given the circumstances of the case, his
homosexual activity might be deemed to have occurred openly and
in public view.
after dark, and it does not appear that he or his co-actor
intended that their homosexual activity be observed.
further notes that Petitioner had no disciplinary infractions
during his entire period of service, and was advanced in rank.
Based on the foregoing,
presence of an aggravating factor,
continuing to characterize Petitioner's service as having been
under other than honorable conditions.
concludes that relief in the form of recharacterization of
Petitioner's discharge to general, under honorable conditions, is
now appropriate.
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 following corrective action.
the Board finds the existence of an
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he received a general discharge on 21 January 1943 vice the
undesirable discharge actually issued on that day.
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 30
August 2001.
4. It is certified that a quorum was present at the Board's
review and deliberations,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
E/S&
1..
Acting Recorder
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 Regulation, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
-W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2002 | 00614-02
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. 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)...
NAVY | BCNR | CY2006 | 06810-06
He cannot believe his father would commit a homosexual act. Based upon Subject's overall record of service and current Department of the Navy policy as established by reference (b) and its radical departure from the policy which was in effect on 28 September 1945 the date of Subject's discharge, the Board concludes that it would be in the interest of justice to retroactively apply the standards of reference (b) to Subject's case. That Subject's naval record be corrected to show that on...
NAVY | BCNR | CY2010 | 06363-10
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 undesirable discharge (UD) which he received on 13 June 1945 be upgraded. It provides Navy and Marine Corps officials with the authority to involuntarily separate those service members who commit a homosexual act or acts. The Board concludes that based upon his overall record of service, the uncertainty of an aggravating factor,...
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 | CY2009 | 10293-09
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting, in effect, that his other than honorable (OTH) discharge be upgraded. d. Reference (b) sets forth the Department of the Navy's current policies, standards, and procedures for administratively separating enlisted service members. The Board concludes that based upon his overall record of service, and current Department of the Navy policy...
NAVY | BCNR | CY2010 | 11365-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TIR Docket No: 11365-10 1 August 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref; (a) 10 U.S.C, 1552 (b) SECNAVINST 1910.44 Encl: DD Form 149 with attachments (1) (2) Case summary (3) Subject's naval record 1. former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting that his discharge be upgraded. Reference (b)...
NAVY | BCNR | CY2011 | 06978-11
It was recommended that he be discharged from the naval service. He was so discharged on 9 September 1944. d. The Board found that available records indicate that his conduct average was 4.0., more than high enough under normal circumstances to warrant an honorable characterization of service. The Board concludes that based upon his 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...
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 | 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 | 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...