a DEPARTMENT OF THE NAVY. °
BOARD FOR GORRECTION OF NAVAL RECORDS,
-” 394 §. COURTHOUSE ROAD, SUITE 1001 ©
-, > ARLINGTON, VA 22204-2490 |
TAG es
- Docket No: 739-14
, 20 January 2015
From: ‘Chairman, Board for Correction of Naval Records
To: Secretary. of the Navy Oo ,
Su) «guy FECORD OF ay
Ref: (a) 10 U.S.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, fited enclosure (1) with this
Board requesting, in effect, that his under honorable conditions.
discharge issued on 2 May 1969, due to misconduct be upgraded to
an honorable discharge. He further requested that his narrative
reason for separation (Fraudulent Enlistment) be changed to
“Secretarial Authority”, that his Separation Program Designator
(SPD) and RE-4 (not recommended for retention) reentry be
changed. : .
2. The Board, consisting of Mr. Boyd, Mr. Relyea, and Mr. Tew,
yeviewed Petitioner's allegations of error and injustice on
‘applicable statutes, regulations, and policies.
14 January 2015 and, pursuant te 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
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows: “4 oe - -
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) wag 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.
ce. Petitioner enlisted in the Navy and began a period of
_ active duty ‘on’ 21’ September 1967. He was not the subject of any
disciplinary action during his enlistment. He tiade a statement
admitting to participation in: homosexual acts with civilians:
TAL
Docket No: 739-14
prior to entering the Navy. Subsequently, he was
administratively processed. for separation by reason of fraudulent
enlistment. His commanding officer forwarded his case and the
separation authority directed a general discharge due to
fraudulent enlistment. He was so discharged on 2 May 1969.
@. Characterization of service is based in part on conduct:
marks assigned on a periodic basis. Wis conduct average was 3.5.
At the time of his service, a conduct average of 3.0 was required
for a fully honorable characterization of service when being
discharged due to convenience of the government.
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)
repeal of 10 U.S.C. 654. It provides service Discharge Review
Boards with the authority to grant requests to change the
narrative reason for discharge to “Secretarial Authority”, SPD
code to *“JFF-1", to re-characterize the discharge to honorable,
and to change the reentry code to an immediately eligible to -
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 (pb), the Board concludes that
Petitioner’s request warrants favorable action in the form of
relief to an honorable characterization of service in this case
given his sufficiently high conduct mark average. The narrative
reason should be changed to “Secretarial Authority”, SPD be
changed to “JFF” and reentry code be changed to “RE-17". In view
'
of the above, the Board directs the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show his
characterization of service as honorable vice general, his
narrative reason for separation was “Secretarial Authority” vice
“Fraudulent Enlistment”, he was issued the SPD code “JFF”, and
he was issued an “RE-1J" vice “RE-4" reentry code on 2 May 1969.
Additionally, 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.
TAL
Docket No: 739-14
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 9 October 2013.
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, 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 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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