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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 06595-1090
4 April 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: ( 10 U.S.¢. LSS2
a
(b) SECNAVINST 1910.4A
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. 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.
2. The Board, consisting of Ms. Henkel, Ms. Countryman, and Mr.
Butherus, reviewed Petitioner's allegations of error and
injustice on 30 March 2011 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. Although enclosure (1) was not filed ina timely manner,
4t is in the interest of justice to waive the statue of
limitations and review the application on its merits.
b. Petitioner enlisted in the Navy on 31 May 1989, and began
a period of active duty on 14 November 1989. Apparently, during
her period of training, she discovered that she had feelings for
a fellow female Sailor. She was assigned aboard the USS HUNLEY
for duty, and received numerous telephone calls informing her
that an investigation was being conducted. She was informed that
her name had been brought up for being a homosexual and that she
should turn herself in. 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.
om Petitioner's record contained performance evaluations
with an overall trait mark average of 3.2. A 3.0 overall trait
average was required for an honorable discharge.
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;
(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, good order, or morale comparable to
the impact of such activity aboard a vessel or aircraft.
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 or general
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 favorable
action.
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 was in effect on
24 September 1990, the date of her discharge, the Board concludes
that it would be in the interest of justice to retroactively
apply the standards of reference (b) to her case. Using the
Standards of reference (b), the Board finds that relief in the
form of recharacterization is appropriate. The Board further
concludes that an honorable discharge is warranted in this case.
In view of the above, the Board directs the following corrective
action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was issued a honorable discharge on 24 September 1990, 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.
c. That, upon request, the Veterans Administration be
informed that Petitioner's application was received by the Board
on 18 June 2010.
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.
"pease . Ame
ROBERT DS_ZSALMAN BRIAN J. 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 Regulation, 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.
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