DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 404-13
17 October 2013
From: Chairman, Board for Correction of Naval Records
Tor secretary of the Navy
Subj: REVIEW NAVAL RECORD OF
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 enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting, in effect, that his other than
honorable (OTH) discharge issued on 24 May 1963 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 limited 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 Marine Corps and began a
period of active duty on 15 June 1962. On 6 March 1963, he
received nonjudicial punishment (NUJP) for failure to go to his
appointed place of duty, conduct prejudicial to good order and
discipline by urinating on the deck beside his rack and
dereliction in the performance of his duties.
d. On 28 March 1963, Petitioner, while being investigated
by the Provost Marshal, he made a verbal and written admission
of involvement in homosexual activities with two civilians.
Subsequently, he was administratively processed for separation
by reason of unfitness (sodomy). His commanding officer
forwarded his case and the separation authority directed an OTH
discharge due to unfitness. He was so discharged on 24 May
1963.
€. Characterization of service is based in part on conduct
Marks assigned on a periodic basis. His conduct average was
3.8. At the time of his service, a conduct average of 4.0 was
required for a fully honorable characterization of service when
being discharged due to convenience of the government.
f. 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”, and
to re-characterize the discharge to honorable, 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 partial favorable action in the
form of relief to a general characterization of service in this
case given his insufficiently high conduct mark average and
record of one NUP. The narrative reason should be changed to
“Secretarial Authority”. In view of the above, the Board
directs the following limited corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
his characterization of service be upgraded to general vice OTH,
and his narrative reason for separation was “Secretarial
2
Se ee
a ae)
Authority” vice “Unfitness”. Additionally, that he be issued a
new Certificate of Release or Discharge from Active Duty (DD
Form 214).
b. That no further relief be granted.
c. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
d. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 7 January 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.
Executive
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