DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510a°RG
Docket No: 9829-05
30 March 2007
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 2\(ii} ayy ISR RRR
Ref (a) Title 10 U.S.C. 1552
(b) DODDIR 1332.14
Encl: (1) Case Summary
(2) Subject's naval record
1. 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.
2. The Board, consisting of Mie. o- . agmanabibipe 1 Mier.
. reviewed Petitioner's allegations of error and
injustice on 20 March 2007 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 Petitioner's application was
not filed in a timely manner, it is in the interest of justice to
waive the statute of limitations and consider the application on
its merits.
c. Subject enlisted in the Navy on 26 April 1963 at age 25.
She then served in an excellent manner for about 18 months.
However, in October 1964, she was accused of participating in
homosexual acts. In her statement, she admitted to committing
homosexual acts but regretted her actions. Based on her
admission, she was processed for an administrative discharge.
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 procedures for administratively
separating enlisted servicemembers. With regard to
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. Reference (b) expressly prohibits the issuance of a
discharge under conditions other than honorable unless the
homosexual act is committed under one of the following
circumstances:
(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.
f. Petitioner' military records failed to disclose the
presence of any of the aggravating circumstances which would
warrant the issuance of an other than honorable discharges under
the provisions of reference (b).
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
corrective action. Based upon Petitioner'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 October 1964 the date of Petitioner's
discharge, the Board concludes that it would be in the interest
of justice to retroactively apply the standards of reference (b)
to Petitioner's case. Using the standards of reference (b), the
Board finds that relief in the form of recharacterization to an
honorable discharge is appropriate.
The Board further concludes that this Report of Proceedings
should be filed in Subject's naval record so that all future
reviewers will understand the reasons for recharacterization of
the discharge.
RECOMMENDATION:
a. That Subject's naval record be corrected to show that on 28
October 1964, she was issued an honorable discharge by reason of
unfitness vice the undesirable discharge actually issued on that
date.
b. That the Department of Veterans Affairs be informed upon
request that the application for recharacterization of the
discharge was received by the Board on 24 October 2005.
c. That this Report of Proceedings be filed in Subject's naval
record.
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. z
i dad Dei
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
Recorder ' Acting 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.
a
¥ ow W. DEAN PFEIFFER
Executive Director
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