DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 7086-02
5 June 2003

From: Chairman, Board 
To:
Subj

Secretary of the Navy

forCorrection  of Naval Records

ECORD OF

Ref:

(a) 10 U.S.C. 1552
(b) SECNAVINST 

1910.4B

Encl: (1) DD Form 149 w/attachments

(2) Case Summary
(3) Subject's naval record

1. 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.
2 . The Board, consisting of Mr. Pfeiffer, Mr. Haney, and Ms.
LeBlanc, reviewed Petitioner's allegations of error and injustice
on 4 June 2003 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,
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:

regulations.'and  policies.

\

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 23 April 1956.
d. The record reflects that Petitioner received three
nonjudicial punishments and was convicted by two summary 
courts-
martial.
possession of alcoholic beverages, theft of a car, making a false
official statement, forgery,

The offenses included failure to obey a lawful order,
willful disobedience of a lawful

order, and absence from her appointed place of duty.

e. On 6 May 1958 Petitioner made a statement to the effect
she had committed off-base homosexual

that during her service,
acts.

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 discharge
After review by
by reason of unfitness due to homosexual acts.
the discharge authority,
approved and Petitioner was discharged with an undesirable
discharge on 4 June 1958.

the recommendation for separation was

the commanding officer

g* Character of service is normally based on conduct and

both of which are computed from marks
overall traits averages,
Petitioner's conduct and
assigned during periodic evaluations.
both of which are computed from marks
overall traits averages,
Petitioner's conduct and
assigned during periodic evaluations.
The
overall traits averages were 2.90 and 2.95, respectively.
minimum average marks for a fully honorable characterization of
service at the time of Petitioner's separation were 3.0 in
conduct and 2.7 in overall traits.

h. 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
It provides Navy and Marine
incompatible with naval service.
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

(1) 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
(7) 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.

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i. 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
Based upon Petitioner's overall record of service and
action.
current Department of the Navy policy as established in reference
(b) and its radical departure from the policy which was in effect
on 4 June 1958, 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
Using the standards of reference (b), and
Petitioner's case.
given Petitioner's final conduct and proficiency averages, the
Board concludes that relief in the form of recharacterization to
a general discharge is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:

a. That Petitioner's naval record be corrected to show that

she was issued a general discharge by reason of unfitness on 4
June 1958 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 6
August 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

ROBERT D. ZSALMAN
Recorder

.

Acting Recorder

TH

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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),
behalf of the Secretary of the Navy.

has been approved by the Board on

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