DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS.
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 5406-13
24 June 2614
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF ay
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 Navy, filed enclosure (1) with this
Board requesting, in effect, that his other than honorable (OTH)
discharge due to unfitness (homosexual acts) on 27 February 1970
be changed per reference (b). He also impliedly requested that
his reason for separation (BUPERS MANUAL 3420220 CODE 253) and
“RE-4" (not recommended for retention) reenlistment code be
changed.
2. The Board, consisting of Messrs. Dixit and Zsalman, and
Ms. Davis, reviewed Petitioner's allegations of error and
injustice on 17 June 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.
c. Petitioner enlisted in the Navy and began a period of
active duty on 27 September 1967. On 27 January 1970, he made a
statement admitting to his involvement in homosexual acts onboard
his ship. Subsequently, he was administratively processed for
separation by reason of homosexual admission. His commanding
officer forwarded his case and the separation authority directed
an OTH discharge due to unfitness by reason of homosexual acts.
He was so discharged on 27 February 1970. At that time he was
assigned an RE-4 reenlistment code.
a. 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
nartative reasdn for discharge to “secretarial authority”, to
re-characterize the discharge to general 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 (b), the Board concludes that
Petitioner's request warrants favorable action in the form of
relief.
Although the Board recognizes Petitioner's participation in
homosexual activities occurred aboard ship, and as such is an
aggravating factor, it concludes that based upon his overall
record of service and current Department of the Navy policy as
established in reference (b), that relief in the form of
recharacterization is appropriate. The Board further concludes
that a general discharge is warranted in this case due to the
presence of an aggravating factor, that his narrative reason and
authority for separation be changed to “secretarial authority”
and reentry code be changed to “RE-1J"”. Additionally, the reason
and authority should be changed to read “MILPERSMAN”. In view of
the above, the Board directs the following corrective action.
RECOMMENDATION ;
a. That Petitioner’s naval record be corrected to show that
he received a general discharge vice OTH discharge on 27 February
1970, the reason and authority for separation was “secretarial
authority BUPERS MANUAL” vice “BUPERS MANUAL 3420220 CODE 253",
and that he was issued an “RE-1J” vice “RE-4” reentry code.
Additionally, 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
Petimwener® Ss naval record,
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 17 May 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. “ASALMAN BRIAN J. cron
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.
a mrt. re
ROBERT D. ZSALMAN
Acting Executive director
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