DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE foot
ARLINGTON, VA 22204-2490
SIN
Docket No: 3644-14
10 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF
‘Ref: (a) 10 U.S.C. 1552
(ob) 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 under other than honorable
(UOTH) characterization of service be changed per reference (b).
He also impliedly requested that the reason and authority “BUPERS
LTR PERS-F321-jmg of 17 May 61 and BUPERS MANUAL ARTICLE C-10311-
CODE 253" be changed per reference (b).
2. The Board, consisting of Messrs. Zsalman, Exnicios and
Ruskin, reviewed Petitioner's allegations of error and injustice
on 8 July 2914 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 22 March 1960. On 24 February 1961, he submitted
a statement admitting to participating in homosexual acts with a
civilian. A command investigation was conducted and
subsequently, he was administratively processed for separation by
reason of homosexuality due to his own admission. His commanding
officer forwarded his case and the separation authority directed
an OTH discharge. He was so discharged on 31 May 1961.
Characterization of service is based in part on conduct marks
assigned on a periodic basis. His conduct average was 3.0, which
is high enough for an honorable characterization of service.
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 re-characterize a
discharge to general or honorable, and narrative reason for
discharge to “secretarial authority”, 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.
The Board 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 his narrative reason
for separation be changed to “secretarial authority”, and OTH to
“honorable”. Additionally, the authority should be changed to
read “BUPERS MANUAL”. In view of the above, the Board directs
the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 31 May 1961, he received an “honorable” discharge vice the OTH
discharge issued on that date, the narrative reason for
separation was “secretarial authority”, and the reason and
authority be change to “BUPERS MANUAL” vice “BUPERS LTR PERS-
F321-jmg of 17 May 61 and BUPERS MANUAL ARTICLE C-10311-CODE
253".
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
¢. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 4 February 2014.
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