DEPARTMENT OF THE NAVY -
BOARD FOR CORRECTION OF NAVAL RECORDS
701.5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 3249-13
21 February 2014
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
ee oF ry
Ref: (a) 10 U.S.C. 1552
(b) SECNAVINST 1910.4B
(c) 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 10 April 1968 be upgraded to an
honorable discharge. —
2. The Board, consisting of Mr. Boyd, Mr. Spain, and
Mr. Storz, reviewed Petitioner's allegations of error and
injustice on 12 February 2014 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.
cc. Petitioner enlisted in the Navy and began a period of
active duty on 13 dune 1965. He served without disciplinary
incident until 28 November 1967, when he was arrested by San
Diego, California, police. He was observed taking part in
suspected homosexual activity, however, no action was taken.
Petitioner later admitted to having homosexual tendencies and
participating in homosexual acts with another military person
while on liberty. On 19 February 1968, he submitted a written
request for a discharge in order to avoid trial by court-
martial. Subsequently, he was administratively processed for
unfitness. His commanding officer forwarded his case and the
separation authority directed an OTH discharge. He was so
discharged on .
10 April 1968. He is a Vietnam veteran.
d. ‘The available records indicate that Petitioner’s conduct
average was 3.7 at the time of his discharge. At that time, an
average of 3.0 in conduct was normally required for an honorable
characterization of service.
e.. Reference (c) 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 honorable and/or request to
change the reentry code to an immediately eligible to reenter
category of “RE-10", 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
Petitioner’s request warrants favorable action in the form of
relief.
The Board concludes that based upon his overall record of
service, Vietnam service, and the current Department of the Navy
policy as established in reference (c), that relief in the form
of his narrative reason for separation be changed to
“Secretarial Authority”, and reentry code-be changed to “RE-1uU”.
Additionally, that given the presence of no aggravating factors,
and his above average conduct average of 3.6, the Board
concludes that an honorable discharge is warranted. In view of
the above, the Board directs the following corrective action.
2
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “Unfitness”, and that he was issued an “RE-1u0" vice “RE-4”
reentry code on 10 April 1968. Additionally, that he was issued
an honorable discharge, vice the OTH discharge actually issued.
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 12 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.
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 Requlation, 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.
eS Gin
ROBERT D. ZSALMAN
Acting Executive director
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