DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 02678-13
12 July 2013
From: Chairman, Board for Correction of Naval Records
Tot Secretary of the Navy
Subj: aii NAVAL RECORD or =a
Ref: (a) 10 U.S.C. 1552
(b) 10 U.S.G. 654 (Repeal)
Fncl: (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 undesirable discharge be
changed to honorable per reference (b). He also impliedly
requested that his narrative reason for separation be
“Secretarial Authority” and that his RE-4 (not recommended for
retention) reenlistment code be changed.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 9 July 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 and began a period of
active duty on 28 June 1965. On 12 September 1967, he made a
sworn statement admitting to being a homosexual and participating
in such acts. Subsequently, he was administratively processed
for separation for the good of the service to avoid trial by
court-martial by reason of homosexuality. His commanding officer
forwarded his case and the separation authority directed an
undesirable discharge. He was so discharged on 20 November 1967.
c. 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 change the
narrative reason for discharge to “secretarial authority”, to
re-characterize the discharge to general or honorable and/or
request to change the reenlistment code to an immediately
eligible to reenter category of “RE-1id”, 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.
d. Characterization of service is based in part on conduct
marks assigned on a periodic basis. His conduct average was Siena
At the time of his service, a conduct average of 3.0 was required
for a fully honorable characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of reference (bo), 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, the
fact that there were no aggravating factors or misconduct that
resulted in his discharge, that he attained the required average
in conduct, and current policy as established in reference (b),
that relief in the form of his characterization of service be
changed to honorable, narrative reason for separation be changed
to “Secretarial Authority”, and reenlistment code to RE-1lJ. In
view of the above, the Board Girects the following corrective
action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he received an honorable discharge vice undesirable discharge on
20 November 1967, that the narrative reason for separation was
“Secretarial Authority”, and reenlistment code was RE-1J. it is
also directed 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 4 March 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.
Crome Dogar
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.
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