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

Docket No: 8026-18 Date:  
Ref Signature

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

Ref: (a) 10 U.S.C. §1552
     (b) 10 U.S.C. §654 (Repeal)
     (c) USD Memo of 20 Sep 11 (Correction of Military Record following Repeal of U.S.C. 654)
   
Encl:(1) DD Form 149

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 18 September 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, as well as 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 the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits.

  c. Petitioner enlisted in the Navy and began a period of active service on 10 May 1948.  On 18 January 1949, Petitioner received non-judicial punishment (NJP) for negligence in handling government property and loss of government property. On 30 January 1951, received NJP for unauthorized absence (UA). On 17 July 1951, Petitioner admitted to the commission of homosexual acts. As a result of the foregoing, Petitioner submitted a good of the service (GOS) request for discharge in lieu of trial by court-martial. On 18 July 1951, Petitioner’s commanding officer recommended Petitioner’s discharge due to homosexual involvement. On 24 August 1951, the discharge authority approved his discharge by reason of unfitness. On
31 August 1951, Petitioner was discharged with a general characterization of service by reason of unfitness.

  d. Petitioner request upgrade to the characterization of his discharge citing his discharge was based on his sexual orientation.

  e. References (b) and (c) set forth the Department of the Navy’s current policies, standards, and procedures for correction of military 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 of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reentry 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 concludes that Petitioner’s request warrants relief. In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy.

In view of the above, the Board directs the following corrective action. 

RECOMMENDATION:
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable” characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority.

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 29 August 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.