DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
BJG
Docket No: 3836-13
6 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj :_ REVIEW _OF . RECORD (i
Ref: (a) 10 U.S.c. 1552
. (b) SECNAVINST 1910.4B
(c) 10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149 dtd 20 Mar 13
(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 his narrative reason for
separation, (HOMOSEXUALITY - ENGAGED IN, ATTEMPTED TO ENGAGE IN,
OR SOLICITED ANOTHER TO ENGAGE IN HOMOSEXUAL ACTS (sic) OR ACTS)
issued on 17 October 1981, be changed.
2. The Board, consisting of Messrs. Ivins, Lippolis and
Zsalman, reviewed Petitioner's allegations of error and
injustice on 5 March 2014 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 3 September 1981. He received nonjudicial
punishment on four occasions for wrongful possession of |
Marijuana, dereliction in the performance of duties, failure to
obey a lawful order, unauthorized absence, and missing the
movement of his ship. He then admitted he was a homosexual. ,
His commanding officer forwarded his case recommending a general
characterization of service due to homosexuality. The
separation authority directed a general characterization of
service discharge due to Homosexial ity. He was so discharged on
17 October 1983.
¢. Character of service is based in part on trait marks,
assigned on a periodic basis. The available records indicate
that Petitioner’s overall trait mark average was 2.35 at the
time of his discharge. At that time, an average of 3.0 in
overall trait marks was normally required for 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 (¢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
separation 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 favorable action in the form of
relief.
The Board concludes that based upon his overall record of
service and the Navy’s policy as established in reference (ca),
that relief in the form of his narrative reason for separation
be changed to “Secretarial Authority”. In view of the above,
the Board directs the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “HOMOSEXUALITY - ENGAGED IN, ATTEMPTED TO ENGAGE IN, OR
SOLICITED ANOTHER TO ENGAGE IN HOMOSEXUAL ACTS (sic) OR ACTS”
which was issued on 17 October 1983.
b. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 3 April 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.
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.
Rcd ©.
ROBERT DBD.
Acting Executive director
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