DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51000RS
Docket No: 1031-09
3 August 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subi: REVIEW OF
NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
{b) SECNAVINST 1910.48
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuan to the provisions of reference (a), Petitioner
applied to this Board requesting her naval record be corrected to
show a more favorable type of discharge than the general
discharge issued on 17 March 1987.
2, The Board, consisting of Mr iamalliaiion., Mr ie = and Mr.
wagublii xceviewed Petitioner's allegations of error and injustice
on 16 June 2010 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, Petitioner enlisted in the Navy on 24 January 1986. On
29 October 1986 a search of Petitioner’s room uncovered love
letters to another woman.
c. On 5 February 1987 Petitioner's commanding officer
recommended that she be separated from the Navy with a general
discharge by reason of homosexuality. After review by the
discharge authority, the recommendation was approved and
Petitioner was discharged with a general discharge on 17 March
1987.
d. At the time of Petitioner’s discharge, character of
service for Sailor’s not discharged for cause was based, in part,
on conduct and overall trait averages, both of which were
computed from marks assigned during periodic evaluations.
Petitioner's conduct and overall trait averages were 3.2 and 3.5,
respectively. The minimum average marks required for a fully
honorable characterization of service on 17 March 1987 were 3.0
in conduct and 2.8 in overall traits.
e. Reference (b) sets forth the Department of the Navy's
current policies, standards and procedures for administratively
separating enlisted service members. 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 service member’s who commit a homosexual act or acts. If
separated, the service member'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
individuals committed a homosexual act 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 violates
customary naval super-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
and good order, or morale comparable to the
impact of such activity aboard a vessel or
aircraft.
sb oy U1
ee ee
In Petitioner's case, her military records fail to disclose the
presence of any aggravating circumstances which would warrant the
issuance of a discharge under other than honorable conditions
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
current Department of the Navy policy as established in reference
(b), the Board concludes that it would be in the interests of
justice to apply the standards of reference (b) to Petitioner’s
case. The Board finds that given Petitioner’s final conduct and
overall trait averages, relief in the form of recharacterization
to honorable is appropriate.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that she
was issued an honorable discharge by reason of homosexuality on
17 March 1987 vice the general discharge actually issued on that
date.
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)}) 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 manner.
ROBERT D. ASALMAN AMES EXNICIOS
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 72), 6(é))
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.
W. DEAN DFE
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