. limitations and review the application on its merits.
DEPARTMENT OF THENAVY
BOARB FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
' Docket No: 3295-13
24 February 2014
From: ‘Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF PGS
Ref: (a) 10 U.S.C. 1552
' (b) SECNAVINST 1910.4B
(c) 10 U.S.C. 654 (Repeal)
Enel: (1) DD Form 149 with attachments
(2) 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 narrative reason for
separation (Unfitness) issued on 23 May 1951, be changed to
“Secretarial Authority”. She further requested that all
references to her homosexuality in her official military file
(OMPF) be removed.
2.. The Board, consisting of Ms. Bianchi and Messrs. Tew and-
Vogt, reviewed Petitioner's allegations of error and injustice
on 19 February 2014 and, pursuarit 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 ef record
pertaining to Petitioner' s allegations of error and injustice
finds as follows: i
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
¢. Petitioner enlisted in the Navy and began a period of
active duty on 2 May.1950. She was not the subject of any
disciplinary action, although she was in an unauthorized absence.
status for eight days. She later submitted a statement .
admitting to participating in homosexual acts off base with two
female service members after joining the service. Subsequently,
she requested an undesirable discharge (UD) for the good of the
service to avoid trial by court-martial for unfitness
(homosexual acts). Prior to submitting this request, she
consulted with qualified military counsel and acknowledged the.
adverse consequences of receiving such a discharge. . The
separation authority approved her request for a UD. On 23 May |
1951, she so discharged. On 17 March 1991, this Board upgraded
cher UD to an 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 (¢) 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.
CONCLUSION:
‘Upon review and consideration of all the evidence of record, and
especially in light of reference (c), the Board concludes that
Petitioner's request warrants £avorable action in. the form of
relief.
The Board concludes that based upon her overall record of
service and the Navy's policy as established in reference (c),
that relief in the form of her narrative reason for separation —
be changed to “Secretarial Authority”. Additionally, the Board
recommends that all references to her homosexuality be removed
from her OMPF.
RECOMMENDATION:
a. That Petitioner’ s naval record be corrected to show that
on 23 May 1951, the narrative reason for separation was
“Secretarial Authority”, vice “Unfitness”.
b. That any material or entries referring to her
homosexuality be corrected, removed or completely expunged from
Petitioner’s record and that ho such entries or material be
added to the record in the future. This is to be accomplished
by reconstructing the page on which the reference appears, or
completely obliterating it so it cannot be read, rather than
merely lining through it. ~
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.
dad. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 19 March 2013. — - 7
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. °
Brinn Anorgr
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder . _ Acting Recorder
S. 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.
| OSS. ot
oO ROBERT D. ZSALMAN ~
Acting Executive director
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