DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 ‘
SIN
Docket No: 04890-12
12 March 2013
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF ea
Ref: fay 10 U.S.C, 1552
(b) 160 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 other than honorable (OTH)
discharge be changed. He also impliedly requested that his
narrative reason for separation (unfitness) be changed.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 12 March 2013 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 ali
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner enlisted in the Navy and began a period of
active duty on 21 April 1964. He was not the subject of any
disciplinary action. On 16 March 1965, he made a statement
admitting to participating in homosexual acts. Subsequently, he
was processed for an administrative discharge by reason of
unfitness. He elected to waive the right to have his case heard
by a board of officers. On 17 March 1965, his commanding officer
recommended an undesirable discharge by reason of unfitness. On
29 March 1965, the separating authority directed an OTH
discharge. He was so discharged on 1 April 1965.
dad. Reference (b) sets forth the Department of the Navy's
current 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 provides service Discharge Review
Boards with the authority to grant requests to change the
narrative reason for discharge to “secretarial authority”,
separation program designator (SPD) code to “JFF", to re-
characterize the discharge to general or honorable and/or request
to change the reentry code to an immediately eligible to reenter
category of “RE-13", 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 (b), the Board concludes that
Petitioner’s request warrants favorable action in the form of
relief.
The Board concludes that based upon his relatively short record
of service, no disciplinary actions, and current Department of
the Navy policy as established in reference (b), that relief in
the form of his narrative reason for separation be changed to
“secretarial authority” and his characterization of service be
changed to general under honorable conditions.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show. that
the narrative reason for separation was “secretarial authority”
vice “BUPERSMAN ART C-10311 code 253”, and that he received a
general discharge vice OTH on 1 April 1965. Additionally, it is
directed that he be issued a new Certificate of Release or
Discharge from Active Duty (DD Form 214).
b. That a copy of this report of proceedings be filed in
Petitioner's naval record.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 2 May 2012. :
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.
Executive d
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