DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN .
Docket No: 00838-13
14 May 2014
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
(b}) 10 U.S.C. 654 (Repeal)
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 Reserve, filed enclosure (1)
with this Board requesting, in effect, that his general
characterization of service and narrative reason for separation
be changed per reference (b). He also impliedly requested that
the Separation authority “Bupers ltr Pers-F321-gjh of 10 APR 57,
and Article C-10310 BuPers Manual” be changed. Additionally, he
also requested that his non-recommendation for reenlistment be
changed to being recommended for reenlistment.
2. The Board, consisting of Messrs. Zsalman and Exnicios and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 7 May 2014 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 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 21 May 1952. He served without incident and was
released from active duty and transferred to the Navy Reserve on
18 May 1956. He had a reserve obligation until 20 May 1960. On
14 March 1957, he made a statement admitting to participating in
pre-service homosexual acts. Subsequently, he was
administratively processed for unsuitability due to participating
in homosexual acts. His commanding officer forwarded his case
and the separation authority directed a general discharge due to
convenience of the government by reason of homosexual acts. He
was so discharged on 12 April 1957. At that time he was not
recommended for reenlistment. .
7
y
d. The Board found that available records indicate that his
conduct average was 4.0 at the time of his release from active
duty, 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 change the
characterization of service to general or honorable, 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 partial favorable action in the
form of relief.
The Board concludes that based upon his overall 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
characterization of service be changed to “honorable”.
Additionally, change the separation authority to “BUPERSMAN”’ vice
“Bupers ltr Pers-F321-gjh of 10 APR 57, and Article C-10310
BuPers Manual”. The Board is not willing to recommend him for
reenlistment since his discharge was over 50 years ago and there
is no evidence he could pass an enlistment physical. In view of
the above, the Board directs the following limited corrective
action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “secretarial authority”
vice “ unsuitability” and that he received an honorable discharge
from the Navy Reserve vice “GENERAL DISCHARGE” on 12 April 1957.
Additionally, change the separation authority to “BUPERSMAN”.
Additionally, the issuance of a new Record of Discharge, Release
from Active Duty, or Death Certificate from the Navy Reserve is
directed.
b. That no further relief be granted.
c. That a copy of this report of proceedings be filed in
Petitioner‘s naval record.
d. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 3 January 2013.
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.
Qian, Mroagh
ROBERT D. 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.
TR pet de >, eo
ROBERT D. ASALMAN
Acting Executive director
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