DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10862-18 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF 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 Records Following Repeal of 10 U.S.C. 654) Encl: (1) DD Form 149 (NR20180010862) (2) Case summary 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, with the help of his daughter, , who holds Power of Attorney, filed a petition requesting an upgrade to his discharge characterization, a change to his narrative reason for separation, a change to his separation authority, a change to his separation code, and the removal of four personal letters from his Official Military Personnel Record. Enclosures (1) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 17 May 2019, 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, relevant portions of his naval service records, 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 enlisted in the Navy and began a period of active duty on 7 August 1943. After completion of basic training in , Petitioner was assigned to in d. In October 1943, Petitioner’s command found four personal letters in Petitioner’s possession; two of the letters were addressed to Petitioner from a fellow Sailor in , and the other two were from Petitioner to the Sailor in . The letters were of a tone and content that Petitioner’s chain of command concluded that they suggested that Petitioner was homosexually inclined. e. In his application for correction, Petitioner contends that the letters were of a joking and satirical nature, and were misconstrued by the Navy. Nonetheless, Petitioner was recommended for administrative separation with an undesirable characterization of service due to inaptitude. Petitioner contends that he accepted the administrative discharge rather than face court-martial proceedings. f. Petitioner was discharged from the Navy on 4 November 1943, with an undesirable characterization of service on the basis of inaptitude. g. Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the 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-1J,” 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 concluded that Petitioner’s request warrants full relief. The Board considered Petitioner’s request for a change to his discharge paperwork and noted that his separation from military service appears to have been based solely on four personal letters between Petitioner and a shipmate, and that the content of the letters appears to be humorous and bawdy banter between two junior Sailors. The Board determined that Petitioner’s conduct and behavior were not associated with any aggravating factors and found that applying reference (c) to Petitioner’s request is appropriate. The Board noted that in light of reference (c), Petitioner is also entitled to an upgrade to his discharge characterization, a change to his narrative separation reason to reflect “Secretarial Authority,” a change to his SPD code, and a change to his reenlistment code. Furthermore, the Board determined that Petitioner’s privacy is outweighed by the historical value of retaining the letters within Petitioner’s Official Military Personnel File. In view of the above, the Board directs the following corrective action. That Petitioner be issued a new DD Form 214 that indicates on 4 November 1943, he was issued an honorable discharge by reason of “Secretarial Authority,” SPD code of “JFF,” separation authority of “MILPERSMAN 1910-164,” and RE code of RE-1J. That Petitioner’s naval record be redacted to remove the four personal letters between Petitioner and his shipmate, which initiated the administrative separation proceedings. That Petitioner be issued an honorable discharge certificate. That a copy of this report of proceedings be filed in Petitioner’s naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 7 November 2018. 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. 5/17/2019