DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 06537-12
6 July 2012
From: Chairman, Board for Correction of Naval Records
oe Secretary of the Navy
Ref (a) 10 U.S.C. 1552
a
(b) 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 Marine Corps, filed enclosure (1)
with this Board requesting, in effect, that his characterization
of service “conditions other than honorable” be changed per
reference (b). He also impliedly requested that his narrative
reason for separation and reenlistment code be changed per
reference (b).
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 3 July 2012 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 ala.
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 Marine Corps and began a period
of active duty on 15 December 1959. On 15 July 1960, he made a
Statement admitting to participating in homosexual acts.
Subsequently, he was administratively processed for separation by
reason of homosexuality due to his own admission. His commanding
officer forwarded his case and the separation authority directed
an other than honorable discharge due to convenience of the
government by reason of homosexual conduct. He was so discharged
on 23 September 1960.
d. The Board found that available records indicate that his
conduct average was 2.8., high enough under normal circumstances
to warrant a general characterization of service. At that time,
an average of 4.0 in conduct was required for an honorable
discharge.
e. 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 re-characterize
the discharge to honorable, change the narrative reason for
discharge to “secretarial authority”, separation program
designator (SPD) code to “JFF” and reenlistment code to an
immediately eligible to reenter category of “RE-1J", 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 partial action in the
form of relief.
The Board concludes that based upon his record of service and
current Department of the Navy policy as established in reference
(b), that partial relief in the form of his narrative reason for
separation be changed to “secretarial authority”, he be assigned
a “RE-17”"” reenlistment code, and that his characterization of
service be changed to general.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
he received a general discharge on 23 September 1960, the
narrative reason for separation was “secretarial authority”, he
be assigned an “RE-1J” reenlistment code.
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 18 June 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.
W.
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