DEPARTMENT OF THE NAVY 

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

Docket No: 1594-16 
JUL 26 2016 

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 Memo of 20 Sep 11 (Correction ofMilitary Records Following Repeal of 
IOU. S. C. 654 
Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former officer in the Navy, filed 
enclosure (1) with this Board requesting, in effect, that his discharge under other than honorable 
(OTH) conditions be changed per reference (b ). Additionally, he also impliedly requested that 
his narrative reason for separation "Resignation Good ofthe Service (Homosexuality), and 
reentry code "NIA" be changed. Enclosures (1) through (3) apply. 

2. The Board, consisting of             , reviewed Petitioner's 
allegations oferror and injustice on 18 April 2016 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 ofrecord 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 ofjustice to 
waive the statute oflimitations and review the application on its merits. 

c. Petitioner accepted his commission in the Navy and began a period of active duty on 
26 October 1962. He was not the subject ofany disciplinary action. On 19 August 1965, while 
being interviewed by the Office of Special Intelligence, the Petitioner admitted to being a 
homosexual and ofhis involvement in homosexual acts with civilians and a Navy lieutenant. 
The encounters all occurred out in town. 

d. Subsequently, the Petitioner submitted a written request for an other than honorable 
(OTH) discharge in order to avoid trial by court-martial. Prior to submitting his resignation 
request he conferred with a qualified military lawyer at which time he was advised of his rights 
and warned ofthe probable adverse consequences ofaccepting such a separation. On 
5 November 1965, his request was granted and he was separated with an OTH characterization. 

e. Reference (c) sets forth the Department of the 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 guidance to grant requests 
to recharacterize the discharge to honorable, change the narrative reason for discharge to 
"Secretarial Authority", separation (SPD) code to "JFF", and reentry code to "RE-11", 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. 
In this regard, the Board notes Petitioner's overall record ofmilitary service and current 
Department ofDefense policy as established in references (b) and ( c ), and concludes that relief 
in the form ofhis characterization of service shquld be changed to honorable. The narrative 
reason for separation changed to "Secretarial Authority", SPD code shall be changed to "JFF", 
reentry code changed to "RE-11," and the separation authority be changed to read 
"MILPERSMAN 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 on 5 November 1965, the 
separation authority was "MILPERSMAN 1910-164," his characterization of service as 
Honorable conditions, his narrative reason for separation was "Secretarial Authority," he was 
issued the SPD code "JFF," and reentry code changed to "RE-lJ." Additionally, that he shall be 
issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). 

d. That, upon request, the Department ofVeterans Affairs shall be informed that Petitioner's 
application was received by the Board on 24 February 2016. 

4. It is certified that a quorum was presented at the Board's review and deliberations, and that 
the foregoing is a true and complete record ofthe Board's proceedings in the above entitled 
matter. 

5. The foregoing action ofthe Board is submitted for your review and action. 


Executive Director 
Acting