DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7524-09
29 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Mere, REVIEW
Ref (a) Title 10 U.S.C. 1552
a
(b) SECNAVINST 1910.48
Enel: (1) DD Form 149
(2) Subject's naval recor
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting that his naval record be
corrected to show that he received an honorable discharge on 14
August 1962.
2. .The Board, consisting of Messrs . aR an Gly
reviewed Petitioner's allegations of error and injustice on 2
January 2010 and, pursuant to ite 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 served on active duty in the Navy from 7 June
1961 to 14 August 1962, when he was discharged under other than
honorable conditions pursuant to his request for discharge for
the good of the service in lieu of trial by court-martial for an
unknown offense. He contends, in effect, that the charged offense
was engaging in consensual homosexual acts.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record,
Messrs. Pfeiffer and Tew conclude that Petitioner's request
warrants favorable action. They believe his account of the
circumstances of his discharge, and conclude that current
standards should be applied in his case. Those standards, which
are contained in reference (b), provide that a service member who
is discharged by reason of homosexuality will receive an
honorable or general discharge, as warranted by his service
record, unless aggravating factors are present, in which case a
discharge under other than honorable conditions may be awarded.
As there is no evidence of aggravating factors in this case, and
as Petitioner’s service was otherwise honorable, Messrs. Pfeiffer
and Tew recommend that his discharge be upgraded to honorable.
MAJORITY RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he
was honorably discharged on 14 August 1962.
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
MINORITY CONCLUSION:
concludes that the available evidence is insufficient
fo demonstrate that Petitioner was discharged for engaging in
consensual homosexual activity. Accordingly, he recommends that
Petitioner’s request be denied.
MINORITY RECOMMENDATION:
That no relief be granted.
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 SR. NICIOS
Recorder eting Recorder
5. The foregoing action of the Board is submitted for your
review and action
Wo Wea
W. DEAN PFEI
The majority recommendation is approved:
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The minority recommendation is approved:
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