DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
. ARLINGTON, VA 22204-2490
BUG
Docket No: 3106-13
6 February 2014
From: Chairman, Board for Correction of Naval Records (BCNR)
To: Secretary of the Navy
Sj: Sr
REVIE
Ref: (a) Title 10 U.S.c. 1552
(b}) SECNAVINST 1910.4B
(c) 10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149 dtd 28 Feb 13
(2) Subject’s naval record
i. 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 upgrading his
undesirable discharge (UD) he received on 5 February 1960. By
implication, he requested that his narrative reason for
separation (Unfitness - Sexual Perversion) be changed.
2. The Board, consisting of Messrs. Clemmons and Dixit and Ms.
Tollefson, reviewed Petitioner’s allegations of error and
injustice on 4 February 2014. The majority of the Board, Mr.
Dixit and Ms. Tollefson, voted for relief. The minority member
of the Board, Mr. Clemmons, denied the application. 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. Although it appears that 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 Marine Corps and entered
active duty on 28 October 1958. He served without disciplinary
action. However, on 25 October 1959, he admitted to
participating with another service member in homosexual acts
while on guard duty behind a mess hall aboard Marine Corps Base,
Camp Lejeune, North Carolina, aboard a naval vessel, and in the
civilian community. Based on his voluntary statement, he was
notified that he was being referred to a general court-martial
for sodomy. On 29 October 1959, he requested a UD for the good
of the service to avoid trial by court-martial. At that time,
he consulted with qualified military counsel and acknowledged
the adverse consequences of receiving such a discharge. The
separation authority approved his request for a UD. On 5
February 1960, he received the UD due to Unfitness (Sexual
Perversion). At the time of his discharge, his conduct mark
average was 3.5. A 4.0 conduct mark average was required for a
fully honorable characterization of service.
d. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedures for administratively
separating enlisted service members due to homosexuality.
Reference (c) sets forth the Department of the Navy's 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 also provides service discharge review boards with the
authority to grant requests to 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.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of reference (c), the majority of the Board
concludes that Petitioner’s request warrants favorable action in
the form of relief.
The majority recognizes that Petitioner's homosexual acts
occurred under aggravating circumstances because on one
occasion, he was on guard duty aboard a Marine Corps base, and
on another occasion, he was aboard a naval vessel. However, the
Majority is willing to overlook the aggravating factors of the
acts, and given his conduct average of 3.5, the majority
concludes that a general characterization of service is
2
warranted. The majority concludes that based upon the Navy’s
policy as established in reference (c), that relief in the form
of his narrative reason for separation be changed to Secretarial
Authority. In view of the above, the majority recommends the
_ following corrective action:
MAJORITY RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 5 February 1960, he was issued a general under honorable
conditions characterization of service vice the UD of record.
b. That Petitioner’s record be further corrected by
changing his narrative reason for separation from Unfitness
(Sexual Perversion) to Secretarial Authority.
c. 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 be added to the record in the future.
d. 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.
MINORITY CONCLUSION:
The minority recommends that no relief be granted. The minority
bases this recommendation upon Petitioner’s aggravated factors
of his homosexual acts with another service member while on
guard duty aboard a Marine Corps base and aboard a naval vessel.
The minority believes that even under today’s repeal of DADT,
the aggravation of this case would still result in a less than
honorable characterization of service upon separation.
Accordingly, the minority’s recommendation is as follows:
_ MINORITY RECOMMENDATION:
a. That Petitioner’s application be denied.
4. 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. ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
ROBERT D. ZSALMAN
Acting Executive Director
MAJORITY REPORT
| att
Reviewed and approved:
ROBERT L. WOODS
Assistant General Counsel _
(Manpower and Reserve Affairs)
RITY REPORT: 1000 Navy Pentagon, Am 40548
Washington, DC 20350-1000
Reviewed and
NAVY | BCNR | CY2012 | 11137 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 BUG Docket No: 11137-12 4 December 2012 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub}: REVIEW OF NAVAL RECORD OF Ow ears acm. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his general...
NAVY | BCNR | CY2013 | NR8162 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 8. 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 narrative reason for separation “homosexuality - stated he or she is a homosexual or bisexual”, be changed to “Secretarial Authority” per reference (b). Pursuant to the delegation of authority set out in Section é(e) of the revised Procedures of the Board for...
NAVY | BCNR | CY2014 | NR3357 14
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 nis narrative reason for separation “homosexuality - stated he or she is a homosexual or bisexual”, be changed to wSecretarial Authority” per reference. 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...
NAVY | BCNR | CY2013 | NR5406 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS. The Board, consisting of Messrs. Dixit and Zsalman, and Ms. Davis, reviewed Petitioner's allegations of error and injustice on 17 June 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Although the Board recognizes Petitioner's participation in homosexual activities occurred aboard ship, and as such is an aggravating factor, it...
NAVY | BCNR | CY2013 | NR7164 13
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 reason and authority for separation (unfitness ~ homosexual acts) be changed. The Board, consisting of Messrs. Bey, Boyd, and Zsalman, ‘reviewed Petitioner's allegations of error and injustice on 29 July 2014 and, pursuant to its regulations, determined that the limited corrective action indicated below should be taken on...
NAVY | BCNR | CY2011 | 00245-11
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 RE-4 (not recommended for retention) reentry code be changed to RE-1lJ per reference (b). The Board, consisting of Mr. Dixit, Ms. Henkel, and Mr. Spain, reviewed Petitioner's allegations of error and injustice on 12 October 2011 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2013 | NR7167 13
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 other than honorable (OTH) characterization of service assigned on 19 November 1983 be changed. The Board, consisting of Messrs. Zsalman, Bey, and Clemmons, reviewed Petitioner's allegations of error and injustice on 12 August 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be...
NAVY | BCNR | CY2012 | 01889 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 December 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. In your case, the Board found an aggravating factor, namely your engaging in the act onboard a naval vessel.
NAVY | BCNR | CY2014 | NR5584 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. 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,” SPD code be changed to “JFF1,” and reentry code be changed to “RE-1J.” Additionally, that the separation authority be changed to read “MILPERSMAN 1910-164.” The Board is not willing...
NAVY | BCNR | CY2014 | NR5905 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2015. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. In your case, you engaged in homosexual acts onboard a Naval vessel, which is sufficient even under current standards to warrant an OTH discharge.