DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1605-14
11 March 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
XXX-XX -
Ref: (a) 10 U.S.C. 1552
{b) 10 U.S.C, 654 (Repeal)
Encl: (1) DD Form 149 with attachments 7H.
(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 8 August 1958, due-to.
‘unfitness be upgraded to a general-under honorable conditions
discharge. By implication, he further requested that his
narrative reason for separation (Unfitness) be changed to
“Secretarial Authority”.
demmmnaeaa . conessting of en
, reviewed Petitioner's allegations of error and
injustice on 25 February 2015 and, pursuant to its regulations,
determined that the partial 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.
‘hb, 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 Marine Corps and began a
‘ period of active duty on 8 February 1956. He served for a year
and one month without disciplinary incident, but on 18 April
1957, he was convicted by special court-martial of wrongful
appropriation of government property.
d. On 10 April 1958, Petitioner, while being investigated by”
the Provost Marshal, made a verbal and written admission of
jnvolvement in homosexual activities with a civilian.
Subsequently,.he made a written request for discharge: for the.
good of service to avoid trial by court-martial and: was separated
by reason of unfitness (homosexuality). His commanding officer
forwarded his case and the separation authority directed an OTH
discharge due to unfitness. He was so discharged on 8 August
1958. .
e. 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)
‘yepeal of 10°U.S.C. 654. It provides service Discharge Review
Boards with the authority to grant requests to re-characterize
the discharge to honorable, to change the narrative reason for
discharge to “Secretarial Authority”, the Separation Program
Designator (SPD) code to “JFF-1" and to change the reentry code
to'an immediately eligible 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 (b), the Board concludes that
Petitioner's request warrants partial favorable action.
The Board concludes that based upon his record of service and
current Department of the Navy policy as establish in reference
(b), the relief in the form of his characterization of service be
changed to a general under honorable conditions in this case
‘given his record of one SPCM. The narrative reason should be
changed to *Secretarial Authority”, SPD be changed to *“dJFF-1, and
reentry code be changed to “RE-1u”. In view of the above, the
Board directs the following partial corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
his characterization of service be upgraded to general under ~
honorable condition vice OTH, and his narrative reason for’
separation was “Secretarial Authority” vice *“Unfitness”, that his
SPC code is “JFF-1", and he was issued an “RE-J1” reentry code on
8 August 1958. Additionally, that he be issued a new Certificate
of Release or Discharge from Active Duty (DD Form 214}.
I
a. That no further relief be granted.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record. 2°
c. That, upon request, the Department of Veterans Affairs be
_ informed that Petitioner's application was received. by the Board:
on 13 November 2013. , ap ae : ht
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.é6(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.
T. J.“ REED
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 compliarice 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.
ROBERT J. O'NETLL
Executive Director
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