DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 6810-06
28 March 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF 4
DECEASED, - a we
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, the
son of the deceased former enlisted member of the Navy, filed an
application with this Board requesting that his late father's
record be corrected to show a better characterization of service
then the bad conduct discharged issued on 28 September 1945.
2. The Board, consisting of Ms. SQM: Ms. es * and Mr.
Ce reviewed Petitioner's allegations of error and injustice
on 13 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 Naval Reserve on 4 November 1942
at age 20 and reported for active duty two days later.
Subsequently, he graduated from hospital corps school and was
designated a hospitalman. He continued to serve in an excellent
manner and, on 1 September 1943, he was advanced to petty officer
third class. In May 1944 he graduated from the field medical
school and, on 26 July 1944, he reported for duty with the
Marines. On 26 March 1944 he disembarked with his battalion at
Guadacanal, British Soloman Islands.
d. On 31 October 1944 Subject was accused of propositioning
two members of the Army to perform a homosexual act. He was
promptly returned to the United States. On 13 January 1945, he
was convicted by a general court-martial (GCM) on two
specifications of scandalous conduct tending to the destruction
of good morals. The court sentenced him as mitigated to
reduction to apprentice seaman, forfeiture of all pay and
allowances, confinement at hard labor for eight months and a bad
conduct discharge. The bad conduct discharge was issued on 28
September 1945.
e. Petitioner states that his parents were very religious
and raised seven children and four step children. His father
worked two jobs for many years to support his family. He cannot
believe his father would commit a homosexual act.
f. Reference (b) sets forth the Department of 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 separated
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.
g. Subject's military records fail 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).
h. Under standards in effect at the time, an individual
could not received a fully honorable discharge if convicted by a
GCM.
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 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. Using the standards of reference (b), the
Board finds that relief in the form of recharacterization to a
general 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
September 1945 he was issued a general discharge by reason of
unfitness vice the bad conduct discharge now of record.
b. That the Department of Veterans Affairs be informed upon
request that the application was received by the Board on 2
August 2006.
c. That this Report of Proceedings be filed in Petitioner'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. .
ROBERT D. ZSALMAN . 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. \
\Ssoos
W. DEAN PF
Executive Dire
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 | 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 | 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 | 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 | 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 | 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 | 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 | 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...