ACD AE TRENT Ar THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
FOS. WUUR TMV LSe ROAD, whict
ARLINGTON, VA 22204-2490
SJN
Docket No: 4776-14
11 December 2014
at
Baca: Mhaiyvman RBaard for Carrectbian af Naval Records
To: Secretary of the Navy
Subj: _ REVIEW_NAVAL RECORD OF a 3.
Ref: (4) 10 0,5.€. 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 be changed to honorable, and that the reason and
authority “ART. C-10312" (misconduct) be changed per reference
(%5) ..
2. The Board, consisting of Mr. Hedrick, Mr. Lippelis, and
Ms. Wilcher, reviewed Petitioner's allegations of error and
injustice on 9 December 9014 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
to Petitioner's allegations of error and inju
follows:
of record pertaining
stice finds as
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 ina timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. On 2 duly 1958, Petitioner reenlisted in the Navy after
serving over three years of prior satisfactory service. On
1 March 1959, he submitted a sworn statement regarding his
participating in homosexual acts. Subsequently, administrative
discharge action was initiated and it was recommended that he
receive an OTH discharge by reason of misconduct due to
homosexual conduct. After being attoraed all of his proceduiad
rights, his case was forwarded to, and approved by the separation
authority. On 27 March 1959, he received an OTH discharge.
d. Characterization of service is based in part on conduct
averages computed from marks assigned on a periodic basis. -.-His
conduct average was 3.4. At the time of his service, a conduct
arrearage of 32.0 was seo? wan Far a Fuliw hannrahle
yrcno a er A LA ote oh NN _
AV S-CGy> Ve =! ee a ae POLL = o-
characterization of service.
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)
discharge to general or honorable and change the 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 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”, his
characterization of service be changed to honorable based upon
his overall 3.4 trait average in conduct, and the separation
authority to “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
on 27 March 1959, the separation authority was “MILPERSMAN,” that
the narrative reason for separation was “secretarial authority”
vice “ART. C-10312", and that he received an honorable discharge.
It is also directed 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
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 7 March 2014.
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.
7
G fare
T, J. REED
Recorder
4. Pursuant to Section 6 (Cc)
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
pehalf of the Secretary of the Navy,
ROBERT J. O'NETLL
Executive director
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