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

Docket No: 8806-17 

From: Chairman, Board for Correction of Naval 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 OF 20 Sep 11 (Correction of Military Record following Repeal of 
      u.s.c. 654) 
Encl: (1) DD Form 149 with attachments 
      (2) Case summary 
      (3) Subject's naval record (excerpts) 

I. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, 
filed enclosure (I) with this Board requesting, in effect, that his characterization of service 
"Other Than Honorable (OTH)" discharge be changed per reference (b ). He also impliedly 
requested that his narrative reason for separation "Homosexuality," and "RE-4" (not 
recommended for retention) reenlistment code be changed per reference (b ). Additionally, that 
the separation authority "BuPers Manual Art. C-10322 Code 253," be changed. Enclosures (1) 
through (3) apply.

2. The Board consisting of      , reviewed Petitioner's allegations of error and injustice on 9 January 
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 ofyour 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 Departmen~ofthe 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 24 June 1965. On 25 January 1967, he made a written 
statement admitting to his involvement in homosexual acts with civilians and military on several 
occasions prior to joining the Navy and while on board a ship. As a result ofthe foregoing, 
administrative discharge action was initiated. After being afforded all of his procedural rights, it 
was directed thathe receive an OTH discharge by reason ofhomosexuality. On 7 April 1967, he 
was discharged. 

d. Character ofservice is based, in part, on conduct marks assigned on a periodic basis. Based 
on the evidence of record, Petitioner's overall conduct average was 3.1, which was more than the 
average of 3 .0, required for a fully honorable characterization ofservice 

e. References (b) and (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 the guidance to grant 
requests to change the characterization ofservice to "honorable," narrative reason for discharge to 
"secretarial authority," SPD code to "JFF," and reentry 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. 

BOARD MEMBER ONE CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light of references 
(b) and (c), board member one, concludes that the Petitioner's request does not warrant favorable 
action. Board member one felt that Petitioner's admission to committing several homosexual 
acts aboard ship was an aggravating factor and as such, should not be granted relief. 

BOARD MEMBER ONE RECOMMENDATION 

That Petitioner's request be denied. 

BOARD MEMBER TWO CONCLUSION 

Upon review and consideration ofall the evidence ofrecord, and especially in light of references 
(b) and (c), board member two, concludes that Petitioner's request warrants relief in the form of 
a general under honorable conditions character of service. In this regard, board member two 
notes that although Petitioner engaged in misconduct under an aggravating factor, that it should 
not warrant a punitive discharge. 

BOARD MEMBER TWO RECOMMENDATION 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214) indicating that he was discharged on 7 April 1967 with a characterization ofservice of 
"general under honorable conditions," narrative reason for separation of "secretarial authority," 
separation program designator of"JFF," and reenlistment code be changed to "RE-lJ." Lastly, 
the separation authority is "MILPERSMAN 1910-164." 

That a copy ofthis report ofproceedings be filed in Petitioner's naval record. 

That, upon request, the Department of Veterans Affairs is informed that Petitioner's application 
was received by the Board on 24 October 2017. 

BOARD MEMBER THREE CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of references 
(b) and (c), board member three, concludes that Petitioner's request warrants relief. In this 
regard, Board members three notes that although Petitioner engaged in misconduct under an 
aggravating factor, Petitioner's overall record of military service and conduct average make him 
eligible for an honorable character of service. 

BOARD MEMBER THREE RECOMMENDATION 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214) indicating that he was discharged on 7 April 1967 with a characterization of service of 
"honorable," narrative reason for separationof"secretarial authority," separation program 
designator of"JFF," and reenlistment code be changed to "RE-IJ." Lastly, the separation 
authority is "MILPERSMAN 1910-164." 

That a copy ofthis report ofproceedings be filed in Petitioner's naval record. 

That, upon request, the Department of Veterans Affairs is informed that Petitioner's application 
was received by the Board on 24 October 2017. 

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

Executive Director