DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08450-09
10 June 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD vil
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject’s naval record
1. Pursuant to the provisions of reference fal, Petitioner, a
former enlisted member of the United States Marine Corps
Reserve, filed enclosure (1) with this Board requesting, in
effect, that his other than honorable (OTH) character of
service, issued on 29 April 1964, be changed to honorable; that
his reason for discharge be changed to the Convenience of the
Government; and that his reenlistment code be changed to RE-1
vice RE-4,
2. The Board, consisting of Mr. Rie: vc. ie and Ms.
MMT ov i owed Petitioner's allegations of error and
injustice on 9 June 2010, and, pursuant to its regulations,
determined that the limited 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 did not
exhaust all administrative remedies available under existing law
and regulations within the Department of the Navy.
b. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
¢. Petitioner enlisted in the Marine Corps on
7 September 1961. He received four nonjudicial punishments
(NUP’s) between 19 March 1962 and 10 March 1964 for the
following offenses: unauthorized absence on two occasions,
failing to maintain his gear in a clean condition, possessing a
rusty rifle for inspection, and failure to go to his appointed
place of duty. He received an OTH discharge by reason of
unfitness as an investigation was initiated for possible
homosexual activities which he confessed to having. However,
there were no aggravating factors, therefore he should have
received a type warranted by service record characterization.
d. 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 members 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
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;
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, good order, or
morale comparable to the impact of such activity
aboard a vessel or aircraft.
aN
“an wm Bb
That portion of reference (b) pertaining to separation due to
fraudulent enlistment states that if an individual so enlists by
concealing pre-service homosexual behavior, the forgoing
standards will apply to the characterization of service.
e. Petitioner's military records fail to disclose the
presence of any of the aggravating circumstances which would
warrant the issuance of an other than honorable discharge 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 partial
favorable action. Accordingly, the Board concludes that, as a
matter of equity, partial relief in the form of issuing him a
general discharge is appropriate. In view of the foregoing, the
Board finds the existence of an injustice warranting the
following partial corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he received a general discharge vice an OTH on 29 April 1964.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
d. That no further relief be granted.
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. 4SALMAN BRIAN | GEORGE
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.
NAVY | BCNR | CY2010 | 00812-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TAL Docket No: 812-10 26 October 2010 From: Chairman, Board for Correction of Naval Records eis Secretary of the Navy Ref: ( 10 U,8 Oe and Mr. reviewed Petitioner's allegations of error and injustice on 14 October 2010 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. g. Reference (b) sets forth the...
NAVY | BCNR | CY2009 | 10293-09
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the United States Navy, filed enclosure (1) with this Board requesting, in effect, that his other than honorable (OTH) discharge be upgraded. d. Reference (b) sets forth the Department of the Navy's current policies, standards, and procedures for administratively separating enlisted service members. The Board concludes that based upon his overall record of service, and current Department of the Navy policy...
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 | 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 | 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...
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 | CY2002 | 02432-02
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his discharge be upgraded. His admission of homosexual activity was confirmed by e. On 14 May 1958 Petitioner requested discharged in lieu of court-martial for the good of the service for his participation in homosexual acts. A conduct average of 4.0 was required for a Accordingly, had Petitioner been h. Reference (b) sets forth the...
NAVY | BCNR | CY2007 | 06878-07
Pursuant to the provisions of reference (a), with this former enlisted member of the Navy, filed enclosure (1) Board requesting that his discharge be upgraded. f. Reference (b) sets forth the Department of the Navy's current policies, standards, and procedures for administratively separating enlisted service members. It provides Navy and Marine Corps officials with the authority to involuntarily separate those service members who commit a homosexual act or acts.
NAVY | BCNR | CY2001 | 00031-01
the Board consisted of the enclosures, naval records, and applicable statutes, regulations, and policies. The Board believes that this act circumstances with an adverse impact The Board initially notes Petitioner's participation in homosexual activities included one such act which occurred while she was on watch. that based upon 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...
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...