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

Docket No: 10315-19  
Ref:   Signature Date  

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

Ref:  (a) 10 U.S.C. § 1552 
 
Encl: (1) DD Form 149 

1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted Sailor, filed the enclosure with the Board for Correction of Naval Records (Board), requesting an upgrade of his discharge to honorable. 

2.  The Board, consisting of       , reviewed Petitioner’s allegations of error and injustice on 16 December 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 enclosure, relevant portions of the Petitioner’s naval 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.  Petitioner enlisted in the Navy and began a period of active duty on 29 August 1951.  On 27 May 1952, Petitioner was convicted by summary court-martial (SCM) for violating Articles 86 (unauthorized absence (UA)) and 87 (missing ship’s movement) of the Uniform Code of Military Justice (UCMJ), and sentenced to forfeitures of pay. 

c.  On 1 August 1953, Petitioner received nonjudicial punishment (NJP) for UA and was awarded restriction. 

d.  On 8 October 1953, Petitioner was convicted by special court-martial (SPCM) for two specifications of UA (both terminated by civil apprehension) and breaking arrest, and sentenced to confinement with hard labor for six months, forfeitures of pay, and reduction in rank to E-1. 

e. On 3 December 1953, Petitioner made a statement to a Naval Investigative Service (NIS) agent admitting to numerous consensual homosexual acts, both prior to entering the Navy and during his enlistment, with civilians and other service members. 

f. On 5 December 1953, Petitioner requested a good of the service separation in lieu of trial by court-martial (GOS/SILT), which was approved on 28 January 1954. 

g. On 9 March 1954, Petitioner was discharged with an undesirable characterization of service by reason of unfitness (homosexuality). 

h.  Petitioner asserts he would like his discharge status to be consistent with the recent Department of Veterans Affairs (DVA) decision to consider his service honorable for VA purposes.  The Board noted the DVA decision with regard to benefits vice service; however, the Board did not believe Petitioner’s repeated misconduct, that was not related to homosexual conduct, merited an honorable characterization of service. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. 

RECOMMENDATION 

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

That Petitioner’s naval record be corrected by changing the characterization of service to “general (under honorable conditions);” changing the separation authority and narrative reason for separation to “Secretarial Authority;” changing the separation code to “JFF;” and changing the reentry(RE) code to “RE-1J.” 

That Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty showing the above changes. 

That no further action be granted. 

That a copy of this report of proceedings 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 29 October 2019. 

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 Regulations 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.