DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIG
Docket No: 7164-13
30 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552 |
(ob) SECNAVINST 1910.4B
(c) 10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149 dtd 6 Jun 13 w/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 his reason and authority
for separation (unfitness ~ homosexual acts) be changed. He
further requested that his undesirable characterization of
service issued on 4 December 1959 be changed to honorable.
2. 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 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 ail
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 January 1957. He was not the subject of any
disciplinary action and promoted in due course to pay grade E-4.
He then admitted he had participated in homosexual acts with
civilians off base and Sailors aboard a Naval vessel. His
commanding officer forwarded his case recommending an
undesirable characterization of service due to unfitness
(homosexual acts). The separation authority directed an
undesirable characterization of service discharge due to
unfitness (homosexual acts). He was so discharged on 4 Décember
1959,
d. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedures for administratively ae
separating enlisted service members due to hondsexuality. il
Reference (c) set® 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
limited relief.
The Board concludes that based upon his overall record of
service and the Navy’s policy as established in reference (c),
that a fully honorable discharge is not warranted in light of
the aggravation in this case, homosexual acts aboard a Naval
vessel. However, as a matter of clemency, his undesirable
characterization of service should be upgraded to general under
honorable conditions. The Board further finds that his reason
and authority for separation should be changed to “Secretarial
Authority”. 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 reason and authority for separation is “Secretarial
Authority” vice unfitness (homosexual acts), and his undesirable
characterization of service be changed to general under
honorable conditions, which were issued on 4 December 1959..
b. That no further relief be granted.
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 or material be added to the record in the future.
dad. 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.
e. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 17 July 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. 4SALMAN 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.
ROBERT D. ZSALMAN
Acting Executive director
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