DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
MTN
Docket No: 7180-14
21 July 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
AXK-XX
Ref: (a) 10 U.S.C. 1552
(b) 10 U.S.C. 654 (Repeal)
Enel: (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 discharge “under other than honorable
conditions” be changed per reference (b). He also impliedly requested
that his “RE-4” (not recommended for retention) reentry code be
changed per reference (b). Additionally, that the reason and
authority “ARTICLE C-10311, BuPers Manual, Code 253,” be changed.
reviewed Petitioner's allegations of error and injustice on 17 July
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 ina 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 15 June 1954. He reenlisted on 6 May 1958 and then again on 1
May 1964, serving over 9 years and 10 months of satisfactory service.
On 16 March 1967, he requested an undesirable discharge for the good
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Docket No: 7180-14
of the service and to escape trial by court-martial for his homosexual
conduct. As a result of the foregoing, administrative discharge
action was initiated and it was recommended that he receive the least
personally damaging form of discharge by reason of homosexuality.
After being afforded all of his procedural rights, he received an
other than honorable discharge on 11 April 1967. At that time, he was
assigned an RE-4 reenlistment code. Additionally, his
characterization of service should have been based on his overall
record of service to include his individual conduct average computed
from marks assigned on a periodic basis. His conduct average was 3.9.
At the time of his service, an average of 3.0 was required for a fully
honorable characterization of service.
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 service Discharge Review Boards with the authority to
grant request to change the narrative reason for discharge to
“secretarial authority,” SPD code to “JFF," re-characterized the
discharge to honorable, and reenlistment code to “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 considerationxof.all the. eavidemce#iof.recomd, and
especially in light of reference (b), the Board concludes that
Petitioner's request warrants relief.
In this regard, the Board notes Petitioner’s overall record of
military service, conduct average, and current Department of the Navy
policy as established in reference (b), that relief in the form of her
characterization of service be changed to honorable based on his
overall individual conduct average, SPD code be changed to “JFF,”
reenlistment code be changed to “RE-1J,”"” and the narrative reason for
separation be changed to “secretarial authority,”. Additionally, that
the separation authority be changed to read “MILPERSMSN 1910-164.” [In
view of the above, the Board directs the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he
received an “honorable discharge” by reason of “secretarial authority”
on 11 April 1967, was assigned SPD code “JFF,” and “RE-1J” reentry
code. Additionally, the separation authority was
“MILPERSMAN 1910-164.” It is further directed that he be issued a new
Certificate of Release or Discharge from Active Duty (DD Form 214).
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Docket No: 7180-14
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 2
June 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.
&. ‘ EAL
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.
ROBERT J. O'NEILL
Executive director
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