DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10527-09
9 July 2010
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 30 Aug 09 w/encls
(2) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by changing the
characterization of his other than honorable (OTH) discharge
issued on 1 December 1967.
2. The Board, consisting of Messrs. weygearenie tic Ge an
Syem, reviewed allegations of error and oe on 7
July 2010, and pursuant to its regulations, determined that
limited relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner served in the Army for more than six years
and was honorably discharged. He entered active duty in the
Navy on 25 April 1967 and had no disciplinary action. However,
on 26 September 1967, he admitted that he had engaged in
homosexual activities with unidentified male civilians. He was
administratively separated due to unfitness for homosexuality
with an OTH discharge. His overall trait average was 3.0,
which was sufficiently high to warrant an honorable discharge.
c. Under current standards, homosexuality is still
incompatible with naval service. However, if a Sailor is
discharged for homosexuality, he receives the type of discharge
warranted by his service record.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an injustice warranting
upgrading Petitioner’s OTH separation to an honorable
discharge. Although the Board finds homosexual activities
incompatible with naval service, it believes he deserves the
type of discharge warranted by his service record. The Board
particularly notes his honorable service in the Army, the fact
that he had no disciplinary action in the Navy, and that his
overall trait average was sufficiently high for an honorable
discharge.
In view of the above, the Board directs the following
corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by to show
that on 1 December 1967, he was issued an honorable discharge,
vice the OTH characterization of service of the same date.
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 a copy of this Report of Proceedings be filed in
his naval record.
e. That the Department of Veterans Affairs be informed
that he applied to this Board in 30 August 2007.
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. 4ZSALMAN BRIAN J. YGEORGE
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.
Lo Sous
W. DEAN PFENF
Executive Dive
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