DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
SON
Docket No: 02455-13
12 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.c. 1552
(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 officer of the Navy Reserve, filed enclosure (1) with this -
Board requesting, in effect, that her characterization of
service, “Under Honorable Conditions”, be changed per reference
(b). She also impliedly requested that her narrative reason for
separation, authority “BUPERS ORDER 118269 OF 20 JANUARY 1975
CODE GLC” (Unfitness-engaged in homosexual activity) be changed.
2. The Board, consisting of Messrs. Zsalman, Gattis, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 11 March 2014 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,
haval 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 ina timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner was commissioned in the Navy Reserve and began
a period of active duty on 9 September 1970. On 9 October 1974,
she made a statement to the Naval investigative Service admitting
to being in a homosexual relationship with an enlisted
servicemember, Subsequently, she was administratively processed
for separation by reason of homosexuality. due to her own
admission. On 13 November 1974, she submitted her resignation
and requested a general discharge. On 2 December 1974, the
separation authority advised Petitioner of her procedural right
to have her case heard by a board of officers. On 17 December
1974,. she submitted her resignation from the Navy Reserve and
acknowledged that she would receive an other than honorable (OTH)
discharge. She also waived the right to have her case heard by a-
board of officers. Her commanding officer forwarded her case and
the separation authority recommended that her resignation b
accepted and that she receive an OTH discharge. On 20 January
1975, the Secretary’ of the Navy accepted her resignation and
directed separation under OTH conditions. . She was so discharged
on 6 February 1975 and assigned a "GLC": SPD code. On 27 January
1977, the Navy Discharge Review Board changed her
characterization of service to general and narrative reason for
separation to “BUPERS ORDER 118269 OF JANUARY 1975 CODE. GLC”.
. 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 provides service Discharge Review
Boards with the authority to grant requests to recharacterize
discharges to “general or honorable”, narrative reason for
discharge to “secretarial authority”, separation program.
designator (SPD) code to “JFF”, 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 or
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 partial favorable relief.
_ Although the Board recognizes Petitioner’s participation in
homosexual acts with a subordinate servicemember, and as such is
an aggravating factor, it concludes that based upon her record of
Service and current Department of the Navy policy as established
in reference (b), relief is appropriate. The Board also
concludes that due to the presence of and aggravating factor,
‘that further relief regarding her characterization of service is
not ‘warranted.and the discharge will remain under honorable
conditions. However,.relief in the form of her narrative reason
, for separation be changed to “secretarial authority”, SPD be
.. Changed to “JFF", and separation authority to “BUPERS ORDER
118269 OF JANUARY 1975”. .
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
the narrative reason for separation was “secretarial authority”,
that her SPD code be changed to “JFF” vice “GLC”, and separation
authority to “BUPERS ORDER 118269 OF JANUARY 1975",
Additionally, the issuance of a new Certificate of Release or
Discharge from Active Duty (DD Form 214) is directed.
b. That no further relief be granted.
. ©. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
da. That,’ upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 22 February 2013. . , -
-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, > DO
. ROBERT D. “ZSALMAN
Acting Executive director
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