DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket: 1910­17  
OCT 26 2017  
From: Chairman, Board for Correction ofNaval Records  
To:  Secretary of the Navy  


Ref: (a) 10 U.S.C. 1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c)UNSECDEF Memo of20 Sep 11 (Correction of Military Records following Real) 
Encl: (1) DD Form 149 (NR20170001910) 
      (2) Case summary  
      (3) Subject's naval record 

I. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to his narrative reason for separation. Enclosures (1) through (3) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 31 July 2017, 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 your application, together with all material submitted in support thereof, relevant portions of your naval record 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 of limitations and review the application on its merits. 

c. Petitioner enlisted in the Navy on 11 October 1960, and served without disciplinary incident for nearly a year and a half. On 25 April 1961, Petitioner received nonjudicial punishment (NJP) for violating Uniform Code of Military Justice, Article 134 (drunk in uniform and dirty uniform). 

d. On 2 September 1962, Petitioner made an admission to engaging in homosexual acts with consenting adults both on and offship while in the Navy. 

e. On 22 September 1962, your Commanding Officer recommended discharge on the basis of homosexuality. You were discharged from the Navy on 17 October 1962, in the grade of second class petty officer (E-5), with an overall trait average of 3.33. Your narrative separation reason reflected on your DD 214 reads "Unfitness." 

f. On 25 June 1980, the Naval Discharge Review Board (NDRB) upgraded your discharge characterization to reflect an honorable discharge. 

g. Reference (c) sets forth the Department ofthe Defense'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 change the characterization of service to "honorable," narrative reason for discharge to "Secretarial Authority," SPD code to "JFF," and reenlistment 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. 

h. The Board noted that pursuant to the corrective action by NDRB, you hold an honorable discharge for your naval service. 


CONCLUSION: 

Upon review and consideration ofall the evidence of record, and especially in light ofreferences 
(b) and (c), the Board concludes that Petitioner's request warrants full relief. In this regard, the Board notes Petitioner's overall record ofmilitary service and current Department ofthe Defense policy as established in references (b) and (c), that relief in the form ofhis narrative reason changed to "Secretarial Authority." Additionally, that his SPD code changed to "JFF," reenlistment code changed to "RE-I J ," and separation authority changed to read "MILPERSMAN 1910-164." In view ofthe above, the Board directs the following corrective action. 
RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 17 October 1962, he was issued an "honorable" discharge by reason of"Secretarial Authority." Additionally, that his SPD code was "JFF," reenlistment code was "RE-IA," and the separation authority was "MILPERSMAN 1910-164." It is further directed that he be issued a new Certificate ofRelease or Discharge from Active Duty (DD Fonn 214). 

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 27 February 2017. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction of aval 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures ofthe 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. 


Executive Director