DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3881-19 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Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 (b) 10 U.S.C. § 654 (Repealed) (c) UNSECDEF memo, “Correction of Military Records Following Repeal of 10 U.S.C. § 654,” of 20 September 2011 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that his record be corrected by changing his characterization of service. Implicit in Petitioner’s request is that corresponding changes also be made to his narrative reason for separation, separation program designator (SPD), and reenlistment code (RE), and the separation authority indicated on his Certificate of Release or Discharge from Active Duty (DD Form 214). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 April 2020 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 Petitioner’s naval 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 regulation 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy on 4 August 1960. After a thorough review of Petitioner’s service record, his administrative separation documentation was not located in the record. Based on Petitioner’s DD Form 214, he was discharged on 27 July 1962 with an other than honorable (OTH) characterization of service by reason of misconduct due to unfitness. d. Petitioner contends that his discharge should be upgraded on the basis of inequity because the policies banning “LGBT service members” from military service has been repealed. Additionally, he contends that his discharge should be upgraded on the basis of impropriety because the actions that led to his discharge were in violation of Rule 503 of the Military Rules of Evidence and Secretary of the Navy Instruction 1730.9. Petitioner further contends that his OTH separation does not accurately reflect his performance in the Navy or accurately reflect his accomplishments following his discharge. e. At the time of discharge, Petitioner was issued a DD Form 214 with a characterization of service “Other Than Honorable,” separation authority “BUPERS MANUAL ART. C-10311,” separation code “253,” reenlistment code “RE-4,” and narrative reason for separation “Unfitness.” f. Reference (c) sets forth the Department of Defense’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 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 its enactment, and there are no aggravating factors in the record, such as misconduct. CONCLUSION: After considering the enclosure, Petitioner’s overall record of military service, and the law and policy established in the references, the Board concludes that Petitioner’s request warrants relief in the form of changing his characterization of service to “Honorable,” narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to “RE-1J,” and separation authority to “MILPERSMAN 1910-164.” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: In view of the above, the Board directs the following corrective action. That Petitioner’s naval record be corrected to show that, on 27 July 1962, his characterization of service was “Honorable,” narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” and the separation authority was “MILPERSMAN 1910-164.” It is further directed that Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 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 9 January 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 4/28/2020