DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 282-13
18 October 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) £0 U.8.¢. L582
(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 Navy, filed enclosure (1) with
this Board requesting, in effect, that his other than honorable
(OTH) discharge issued on 19 May 1953 due to unfitness be
upgraded to an honorable discharge. By implication he further
requested that his narrative reason for separation (Unfitness)
be changed to “Secretarial Authority”.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 17 October 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 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 24 January 1951. On 26 February 1953, he made a
statement admitting to being a homosexual. Subsequently, he
submitted a request for an OTH discharge in lieu of court-
martial for a charge of committing homosexual acts. His
commanding officer forwarded his case to the separation
authority. The separation authority approved and directed an
OTH discharge due to unfitness. Petitioner was so discharged on
19 May 1953.
d. 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 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 (b), the Board concludes that
Petitioner's request warrants favorable 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 relief in the form of his characterization
of service be changed to honorable, and his narrative reason for
separation be changed to “Secretarial Authority”.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
on 19 May 1953 he was issued an honorable discharge vice the OTH
discharge actually issued on that date, and that the narrative
reason for separation is changed to “Secretarial Authority” vice
“Unfitness”. Additionally, 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 29 November 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.
Qn Progr
ROBERT D. 4ZSALMAN 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. DEAN PFEIF R
Executive diregt
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