DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 2602-13
2 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
NAVAL REC
Ref: {a} Title 10 U.S.C. 1552
‘{(b) SECNAVINST 1910.4B
{c) UNDSECDEF Memo 20 Sep 11
Encl: (1) DD Form 149
(2} 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 characterization of
service be changed.
2. The Board, consisting of Ms. Zivnuska, Ms. Barrow, and Mr.
Midboe, reviewed Petitioner's allegations of error and injustice
on 26 November 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. Petitioner enlisted in the Navy on 9 October 1951. He
received nonjudicial punishment and was convicted by a summary
court-martial of being drunk in uniform, escaping from lawful
custody, willful disobedience of a lawful order, and an
unauthorized absence. On 2 November 1954 he made a statement
admitting to homosexual acts with civilians. Subsequently, he
‘was processed for discharge by reason of homosexual acts. His
commanding officer forwarded his case to the separation
authority, who directed an undesirable discharge by reason of
unfitness due to homosexual acts, which was effected on 6
December 1954.
c. Reference (b) sets forth the Department of the Navy’s
policies, standards, and procedures for administratively
separating 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”, SPD code to “JFF”, to recharacterize
the discharge to honorable and/or request to change the reentry
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 (c), the Board concludes that
based upon his overall record of service and the Department of
Defense’s policy as established in reference (c), that relief in
the form of his characterization of service be changed to
“honorable” vice “undesirable”, that the narrative reason for
separation be changed to “secretarial authority”, and the
reentry code to “RE-1J".
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that the
characterization of service be changed from “undesirable” to
“honorable”, that the narrative reason for separation be changed
to “secretarial authority”, and that he was assigned an “RE-10”
reentry code on 6 December 1954.
b. That any material or entries inconsistent with or relating to
the Board’s recommendation be corrected, removed or completely
expunged from Petitioner’s record and that no such entries or
material be added to the record in the future.
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. Z2SALMAN BRIAN J. GEORGE
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
é(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, 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.
TaD a
ROBERT D.—ZSALMAN
Acting Executive Director
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