DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 6916-12
18 October 2012
From: Chairman, Board for Correction of Naval Records
TO¢ Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD ato A A ORCS
Ret: f(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 general discharge,
which he received on 25 April 1963, be upgraded to an honorable
discharge. By implication, he further requested that his
narrative reason for separation (unfitness) be changed.
2. The Board, consisting of Mr. Hicks, Mr. Tew, and
Mr. Marquez, reviewed Petitioner's allegations of error and
injustice on 11 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 enlisted in the Navy and began a period of
active duty on 26 April 1962 at the age of 17. He received
nonjudicial punishment (NJP) on one occasion for failure to go
to his appointed place of duty and willfully disobeying a lawful
order from a superior petty officer.
dad. On 29 January 1963, while being interviewed by the
Office of Naval Intelligence (ONI), he admitted to engaging ina
homosexual act with another sailor in the back seat of a car
while returning to his unit at Corry Field, Florida.
e. On 29 March 1963, he was notified of pending
administrative discharge processing with a general discharge due
to unfitness. He waived all of his procedural rights, including
his right to an administrative discharge board (ADB). On 25
April 1963, he received the general discharge for unfitness.
f. The available records indicate that Petitioner’s
conduct average was 3.0 at the time of his discharge. At that
time, an average of 3.0 in conduct was normally required for an
honorable characterization of service.
g. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedures for administratively
separating enlisted 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.
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 narrative reason for separation
be changed to “Secretarial Authority”. Additionally, that given
the presence of no aggravating factors, other than one NUP for
minor offenses, and his exemplary conduct mark average of 3.0,
the Board concludes that an honorable discharge is warranted.
2
—————E>~_—>E———E————— SSS —
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”.
Additionally, that he was issued an honorable discharge on
25 April 1963, vice the general discharge actually issued on
that date.
b. That, upon request, the Department of Veterans Affairs
be informed that Petitioner applied to this Board on 27 June
2012.
c. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.
d. 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.
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.
Qrven Drone
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.
eae al a Gan
x
ROBERT D. ZSALMAN
Acting Executive director
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