DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2948-17 JUL 06 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. 1552 (b) 10 U.S.C. 654 (Repeal) (c) UNSECDEF Memo of20 Sep 11 (Correction ofMilitary Records Following Repeal of 10 U.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 characterization of service be upgraded per references (b) and (c). Implicit in this request is that changes also be made to the narrative reason for separation, separation program designator (SPD), reenlistment code, and separation authority associated with Petitioner's discharge from the military. Enclosures (2) and (3) apply. 2. Regarding his request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered his case based on the evidence ofrecord. 3. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 3 May 2017 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted ofthe enclosures, naval records, and applicable statutes, regulations, and policies. 4. 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(!) was not filed in a timely manner, itis in the interest ofjustice to waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 9 November 1962. During the period from 29 March to 30 May 1963, Petitioner received three nonjudicial punishments (NJP) for two periods ofunauthorized absence totaling eight days and failure to obey a lawful order. On 24 May 1963, the Petitioner was referred to a psychiatric medical officer for a consultation regarding homosexual relationships. During the consultation, Petitioner admitted to his involvement in homosexual activity. As a result ofthe foregoing, administrative discharge action was initiated. After being afforded all of his procedural rights, it was directed that the Petitioner receive a general discharge. He was discharged on 21June1963. d. 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-lJ," 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 references (b) and (c), the Board concludes that the Petitioner's request warrants partial relief. Although the Board recognizes Petitioner's participation in homosexual activities it concludes that based upon the Petitioner's overall record ofmilitary service, misconduct and current Department of the Defense policy as established in references (b) and ( c ), that partial relief in the form ofhis narrative reason be changed to "Secretarial Authority." In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: Petitioner's naval record be corrected to show that on 21 June 1963, his narrative reason for separation was "Secretarial Authority." Petitioner be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). A copy ofthis report ofproceedings be filed in Petitioner's naval record. Upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received by the Board on 28 March 2017. 5. 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. Recorder 6. Pursuant to the delegation ofauthority set out in Section 6( e) of the revised Procedures ofthe Board for Correction ofNaval 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive director