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NAVY | BCNR | CY2014 | NR4664 14
Original file (NR4664 14.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

EGA
Docket No: 4664-14
21 May 2015

 

From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy

Subj: REVIEW NAVAL REcoRD OF iy osy,

Ref: {aj 10 U.8,¢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 “general discharge
under honorable conditions” be changed to “honorable,” per
reference (b).

2. The Board, consisting RR es eee ee

reviewed Petitioner's allegations of error and
injustice on 28 April 2015 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.
EGA
Docket No: 4664-14

c. Petitioner enlisted in the Navy and began a period of
active duty on 23 April 1973. The record shows that he
submitted a voluntary sworn statement on 7 July 1975, regarding
his participating in homosexual acts. As a result of the
foregoing, administrative discharge action was initiated and it
was recommended that he receive a general discharge by reason of
unfitness. After being afforded all of his procedural rights,
he was so discharged on 15 September 1975.

d. 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 Discharge Review Boards
with the authority to grant request to change the
narrative reason for discharge to “secretarial authority,” and
to recharacterize the discharge to general and/or 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 relief.

%
The Board concludes that based upon his record of service, to
include current Department of the Navy policy as established in
reference (b), that relief in the form of his character of
service be change to “honorable,” narrative reason for
separation be changed to “secretarial authority,” SPD code be
changed to “JFF,” reentry code be changed to “RE-1J,”" and the
separation authority be changed to read “MILPERSMAN 11910-164.”
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 15 September 1975, the separation authority was “MILPERSMAN
11910-164," that the narrative reason for separation was
“secretarial authority,” SPD code be changed to “JFF,” reentry
code be changed to “RE-1J,”and character of service be changed
to “honorable.” It is also directed that he be issued a new
Certificate of Release or Discharge from Active Duty (DD Form

214).
EGA
Docket No: 4664-14

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 5 March 2014.

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.

T; We REED
Recorder

 

5. Pursuant to the delegation of authority set out in Section
é6(e) o£ 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.

ROBERT J. O’NEILL
Executive director

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