DEPARTMENT OF THE NAVY |
701 §, COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No.NRO3153-14
20 December 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: .REVIEW OF NAVAL RECORD Of (ap USN,
Ref: (a) 10 U.S.C. 1552
(b) SECNAVINST 1910.4B
(a) 10 U.S.C. 654 (Repeal)
Enel: (1) DD Form 149 with attachments
(2) Case summary
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 characterization of
Gischarge be changed from a general to an honorable
characterization due to his homosexual admission.
2. The Board, consisting of Mr. Chapman, Ms. White-Olson, and Mr.
Creen reviewed Petitioner's allegations of error and injustice on
22 October 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. Petitioner enlisted in the Navy on 11 duly 1975, and
served without any disciplinary incidents. However, he was
admitted into the Cherry Point Naval Hospital in North Carolina
on 22 April 1977 for psychiatric observations.
c. While at the hospital, Petitioner self-admitted to
homosexual activity. Therefore, he was recommended for
separation with a general discharge due to homosexual acts while
on active duty service.
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administrative hearing at the time of his administrarive a Bi
processing for separation in lieu of a general discharge.
Therefore, on 27 May 1977, he was separated with a general
discharge. :
; e. Reference (b) sets forth the Department of the Navy's
“policies, standards, and- procedures. for administratively
separating enlisted service members due to homosexuality.
neference ([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 title 10,
United States Code, section 654. It also provides service
discharge review poards 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
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.
characterization of service be changed. in view of the above,
the Board directs the following corrective action.
RECOMMENDATION :
a, That Petitioner's naval record be corrected to show that
-he was assigned a characterization of service of honorable vice
general on 27 May 1977.
b. That a new Certificate of Release or Discharge from Active
Duty (DD Form 214) be issued.
c. That any material of 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.
d. That the Department of Veterans Affairs be informed that
Petitioner applied to this Board on 7 January 2014.
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 ig certified that a quorum was
present at the Board’s review and deliberations, and that the
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5. Pursuant to the acacgal don of authority set out
Sts or Sie veviged Procedure
Naval Records (32 Code of Federal Regulation,
Sect
and having assured compliance with its provisions,
announced that the foregoing cor
rective action, ta
authority of reference (a), has been approved by t
behalf of the Secretary of the Nayy.
30 December 2014
ROBERT J. O'NEILL
Executive director
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