DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

TLG 
Docket No: 384-18 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 


Ref: (a) 10 U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF Meino OF 20 Sep 11 (Correction ofMilitary 
Record following Repeal ofU.S.C. 654) 
Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Subject's naval record 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1) with this. Board requesting, in effect, that his "Other than Honorable" 
characterization of service be changed per reference (b ). He also implied requested that his 
narrative reason for separation "Homosexual Acts" and "RE-4" (not recommended for retention). 
reenlistment code be changed per reference (b ). Additionally, Petitioner request that the 
separation authority "BUPERS MANUAL C-10311 CODE: 253," be changed. Enclosures 1 
through 3 apply. 
2, The Board, consisting of , and , reviewed Petitioner's 
allegations oferror and injustice on 13 February 2018 and, pursuant to its regulations, 
determined that the corrective action indicated below should be taken on the available evidence 
ofrecord. Documentary material considered by the Board consisted ofthe 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 ofthe Navy. 
b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute oflimitations and review the application on its merits. 
c. Petitioner enlisted in the Navy on 9 October 1967. On 11 September 1968, he admitted to 

Subj: REVIEW NAVAL RECORD OF 


Navy Intelligence Services (NIS) in a sworn statement that he engaged in several homosexual 

acts with civilians while serving in the Navy. As a result ofthe foregoing, administrative 

discharge action was initiated. After being afforded all ofhis procedural rights, it was directed 

that he receive an other than honorable discharge by reason ofhomosexual acts. On 9 October 

1968, he was discharged. 

d. References (b) and (c) set forth the Department ofthe Navy's current policies, standards, and 
procedures for correction ofmilitary 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 guidance to grant 
requests to change the characterization ofservice to "honorable," narrative reason for discharge to 
"secretarial authority," and reentry code to "RE-lJ," when the original discharge was based solely 
on DADT or a similar policy in place prior to enactment ofit and there are no aggravating factors 
in the record, such as misconduct. 
CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light of references 

(b) and (c), the Board concludes·that Petitioner's request warrants relief. Jn this regard, the 
Board notes Petitioner's overall record ofmilitary service and current Department ofthe Navy 
policy as established in reference ( c ), that reliefin the form ofhis characterization ofservice be 
changed to read "honorable," narrative reason for separation be changed to read "secretarial 
authority," and reenlistment code be changed to "RE-lJ." Additionally, Petitioner's separation 
authorityis changed to read "MILPERSMAN 1910-164." In view ofthe above, the Board 
directs the following corrective action. 
. . 

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that he received an ''honorable discharge" by 
reason of"secretarial authority" on 9 October 1968, and was assigned an "RE-lJ" reenlistment 
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). 

That a copy ofthis report ofproceedings be filed in Petitioner's Naval record. That, upon 
request, the Department ofVeterans Affairs is informed that Petitioner's application was received 
by the Board on 27 December 2017. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code ofFederal 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 c0mplete 
record ofthe Board's proceedings in the above entitled matter. 
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. Subj: REVIEW NAVAL RECORD OF 


5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures of 
the Board for Correction ofNavai Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary of the Navy. 
Executive Director 

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