DEPARTMENT OF THE NAVY
BOARD FOR, CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1004
ARLINGTON, VA 22204-2490
REC.
Docket No: 00436-12
25 October 2012
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
(b) SECNAVINST 1910.4B
(c) 10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) 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 undesirable
characterization of service issued 27 April 1962, be upgraded.
2. The Board, consisting of Mr. Zsalman, Mr. Exnicios, and Ms.
Guill, reviewed Petitioner's allegations of error and injustice
on 24 October 2012 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 was enlisted in the Navy and began a period
of active duty on 25 August 1960. He was not the subject of any
disciplinary action. He served without incident until 11 April
1962, when he made an admission of homosexuality. Subsequently,
he was administratively processed for unfitness (homosexual
admission). His commanding officer forwarded his case and the
separation authority directed an undesirable discharge. He was
so discharged on 27 April 1962.
d. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedures for administratively
separating 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. The appropriate separation code for Secretarial
puthority is FFF.
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 (c),
that relief in the form of his characterization of service
“undesirable” be changed to “honorable”.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the characterization of service as “undesirable”, be changed to
“honorable”.
b. 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.
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 ina
2
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
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.
Arnon Lapa
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.
ft ead es i onal
ROBERT D ZSALMAN
Acting Executive director
Copy to: DFAS
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