DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 11137-12
4 December 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD OF Ow ears acm.
a_i (RECONSIDERATION)
Ref: (a) 10 U.S.C. 1552
(b) SECNAVINST 1910.4B
(c) 10 U.S.C. 654 (Repeal)
Enel: (1) DD Form 149 with attachments
(2) BCNR dec doc BUG, docket #: 13989-90 dtd 16 Apr 92
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, a former enlisted member
of the Navy, filed enclosure (1) with this Board requesting, in
effect, that his general characterization of service discharge
issued on 4 December 1987 due to “Homosexuality” be upgraded to
a fully honorable characterization of service. He also
requested that his separation code “GRA” (Homosexuality) be
changed to “JFF” (Secretarial Authority), that his reentry code
of RE-4 (Not Recommended for Retention) be changed to RE-1Jd
(Recommended for Retention), and that his narrative reason for
separation be changed to “Secretarial Authority” per reference
(b). On 2 June 1992, this Board upgraded his original other
than honorable (OTH) characterization of service to general,
because it found that he had an otherwise unblemished service
record and concluded the discharge characterization was too
harsh (enclosure (2)).
2. The Board, consisting of Messrs. Bourgeois, Dixit and
Whalen, reviewed Petitioner's allegations of error and injustice
on 4 December 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 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 reenlisted in the Navy on 8 July 1985 after
serving more than four years of prior honorable service. He was
not the subject of any disciplinary action during his final
enlistment.
dad. During April 1987, the Naval Investigative Service began
investigating Petitioner, who was serving as an AG2 (pay grade
E-5), for alleged homosexual acts with another male Sailor
serving as an AG3 (pay grade E-4). The investigation was
prompted by Petitioner’s former male roommate, an AG2, coming
forward after witnessing Petitioner and the AG3 in homosexual
conduct in their barracks room.
e. On 10 August 1987, Petitioner was notified that he was
being administratively separated due to homosexuality. He chose
to have his case heard by an administrative discharge board
(ADB). The ADB recommended that he be discharged with an OTH
characterization of service due to homosexuality. The discharge
authority concurred with the ADB’s recommendation, and on 4
December 1987, he was discharged with an OTH characterization of
service due to homosexuality and assigned an RE-4 reentry code.
On 2 June 1992, this Board upgraded his OTH characterization of
service to general.
f. 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. Aggravating
circumstances may include a service member engaging ina
homosexual act with a subordinate in a situation that violates
customary superior-subordinate relationships, and in a location
subject to naval control that has an adverse impact on
2
discipline, good order, or morale comparable to the impact of
such activity aboard a vessel or aircraft.
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 partial favorable action in the
form of relief.
The Board finds there were aggravating factors in Petitioner’s
homosexual act in that it occurred with a subordinate in his
barracks room, which was witnessed by his roommate. Based on
this aggravation, the Board finds no basis to upgrade his
general characterization of service. However, in light of the
repeal of “Don’t ask, don’t tell”, the Board finds that his
separation code should be changed to “JFF”, his reentry code
should be changed to “RE-1J3”, and his narrative reason for
separation should be changed to “Secretarial Authority”. In
view of the above, the Board directs the following limited
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing
his separation code to “JFF” vice “GRA”, his narrative reason
for separation to “Secretarial Authority” vice “Homosexuality”,
and his reentry code to “RE-1J” vice “RE-4”" on 4 December 1987,
all now of record.
b. That this Report of Proceedings not be filed in
Petitioner’s record.
c. That no further relief be granted.
d. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 17 October 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.
ion Brorgt
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.
LVR
W. DEAN PFE
Executive dikéc
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