DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX’
WASHINGTON DC 20370-5100
CRS
Docket No: 4698-09
24 August 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER Qa
NAVAL RECORD ~
y REVIEW OF
Ref: (a) Title 10 U.S.C. 1552
{b}) SECNAVINST 1910.4B
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting his naval record be corrected to
show a more favorable type of discharge than a discharge under
other than honorable conditions issued on 8 October 1987.
2. The Board, consisting of Mr. SU. i. SS, aod Mr.
WMA, ceviewed Petitioner's allegations of error and
injustice on 14 July 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 enciosures, 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. Petitione enlisted in the Navy on 29 July 1985. On 3
September 1987 he made a written statement declaring his
homosexuality.
c. On 15 September 1987 Petitioner’s commanding officer
recommended that he be separated from the Navy with a general
discharge by reason of homosexuality. After review by the
discharge authority, the recommendation was modified and
Petitioner was discharged with a discharge under other than
honorable conditions on 8 October 1987.
d. At the time of Petitioner’s discharge character of
service for Sailors 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 3.8 and 3.7,
respectively. The minimum average marks required for a fully
honorable characterization of service on 8 October 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; referéhce (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; ° .
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
and good order, or morale comparable to the
impact of such activity aboard a vessel or
aircraft.
(
(
(
(
In Petitioner’s case, his 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 an
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 he
was issued an honorable discharge by reason of homosexuality on 8
October 1987,
b. That a copy of this Report of Proceedings be filed in his
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 matter.
ROBERT D. ZSALMAN JAMES R. EXWICIOS
Recorder cting 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.
laden
W. DEAN PFEFF
Executive D ter
NAVY | BCNR | CY2009 | 01031-09
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. 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...
NAVY | BCNR | CY2006 | 07580-06
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5109 CRS Docket No: 7580-06 4 February 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FOR}ER 4 | ; REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. 1552 (b) SECNAVINST 1910.4B Encl: (1) Case Summary (2) Subject's naval record (a), Petitioner 1. Pursuant to the provisions of reference applied to this Board requesting that his naval record be corrected to...
NAVY | BCNR | CY2008 | 11857-08
The minimum average marks required for a fully honorable characterization of service were 3.25 in conduct and 2,75 in overall traits on 26 November 1951. e. Reference (b) sets forth the Department of the Navy’s current policies, standards and procedures for administratively separating enlisted service members. Corps officials with the authority to involuntarily separate | those service members who commit a homosexual act or acts. Based upon Petitioner’s overall record of service...
NAVY | BCNR | CY2007 | 05279-07
-——_—_From:—-Chairman,;- DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 5279-07 18 April 2008 To: .Secréetary of the Navy Subj: FORMER
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 | 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 | CY2010 | 06595-10
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 her general characterization of service which she received on 24 September 1990, be upgraded. She disclosed her homosexuality to the Master-at-Arms and was administratively separated on 24 September 1990 with a type warranted by service record characterization general discharge. Based upon Petitioner’s overall record of service and...
NAVY | BCNR | CY2002 | 04362-01
the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. Averages of 3.0 in conduct and 2.7 h. Reference (b) sets forth the Department of the Navy's With regard to and procedures for administratively current policies, standards, separating enlisted service members. the 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...
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 | CY2005 | 07071-05
Pursuant to the provisions of reference (a), Petitioner, aformer enlisted member of the Marine Corps, filed enclosure (1)with this Board requesting, in effect, that his naval record becorrected to show a more favorable type of discharge than theundesirable discharge issued on 18 November 1963.2. It provides Navy and Marine Corps officials with the authority to involuntarily separate those service members who commit a homosexual act or acts. Using the standards of reference (b), the Board...