Docket No: 1216-20  
Ref: Signature Date  
From:Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) 10 U.S.C. 1552 
      (b) 10 U.S.C. 654 (Repeal) 
      (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Record following Repeal of U.S.C. 654)  

Encl: (1) DD Form 149 with attachments  
      (2) Subject's naval record (excerpts) 

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting his discharge be changed to Honorable.  

2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 28 April 2020, 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, together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, 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. 

c. Petitioner began a period of active duty on 20 August 1964.  On 31 October 1968, the Petitioner was notified of administrative separation proceedings by reason of homosexual conduct, as evidenced by his statements to Naval Intelligence Service and a Navy doctor.  The Petitioner requested a separation in lieu of trial (SILT), waived his right to consult with counsel and the right to present his case to an administrative separation board. On 22 November 1968, the Petitioner was discharged with an other than honorable characterization of service and he was 

4.  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. 

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. 



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