DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 06533-12
6 July 2012
From: Chairman, Board for Correction of Naval Records
Te : Secretary of the Navy
Subj: REVIEW _— RECORD OF Sie
Ref: (a) TO UsSs. LeSe2
(b) 10 U.S.C. 654 (Repeal)
Encl: ( DD Form 149 with attachments
‘L.
(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 his characterization of service
“other than honorable” be changed per reference (b). He also
impliedly requested that his narrative reason for separation
(convenience of the government by reason of homosexual conduct)
be changed.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 3 July 2012 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. Before applying to this Board, Petitioner exhausted 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 statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of
active duty on 28 July 1955. On 3 April 1957, he made a
statement admitting to participating in homosexual acts.
Subsequently, he was administratively processed for separation by
reason of homosexuality due to his own admission. His commanding
officer forwarded his case and the separation authority directed
an other than honorable discharge due to convenience of the
government by reason of homosexual conduct. He was so discharged
on 8 November 1957.
d. Available records indicate that his conduct average was
3.5., high enough under normal circumstances to warrant an
honorable characterization of service. At that time, an average
of 3.0 in conduct was required for an honorable discharge.
e. Reference (b) sets forth the Department of the Navy's
current policies, standards, and procedures for correction of
military records following the “don’t ask, don’t tell” (DADT)
repeal of 10 U.S.C. 654. It provides service Discharge Review
Boards with the authority to grant requests to re-characterize
the discharge to honorable, and change the narrative reason for
discharge to “secretarial authority”, when the original discharge
was based solely on DADT or a similar policy in place prior to
enactment of it and there are no aggravating factors in the
record, such as misconduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of reference (b), the Board concludes that
Petitioner's request warrants favorable action in the form of
relief.
The Board concludes that based upon his record of service and
current Department of the Navy policy as established in reference
(b), that relief in the form of his narrative reason for
separation be changed to “secretarial authority”, and that his
characterization of service be changed to honorable.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he received an honorable discharge on 8 November 1957, and the
narrative reason for separation was “secretarial authority”.
b. That a copy of this report of proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 18 June 2012.
c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6) it is certified that 4 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 BRIAN J. GEORGE
Recorder Acting Recorder
4. Pursuant to Section 6(
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.
W. DEAN PFENF
Executive d Oo
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