DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4424-19 Ref: Signature Date 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) UNSECDEF Memo of 20 Sep 11 (Correction of Military Record following Repeal of U.S.C. § 654) Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Corrections of Naval Records (Board) requesting a change to his discharge characterization and the removal of all related references to homosexuality on Petitioner’s Report of Separation from the Armed Forces of the United States (DD Form 214), to reflect current military directives and policy. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 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, together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, 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 began a period of active duty on 17 March 1953. On 20 October 1953, the Petitioner provided a voluntary statement to a Special Agent from the Office of Naval Intelligence admitting to engaging in homosexual acts both before and since joining the Navy. On 29 October 1953, the Petitioner’s Commanding Officer (CO) at recommended to the Chief of Naval Personnel (CNP) that Petitioner be discharged from the naval service with an undesirable discharge due to homosexuality. Included within the CO’s Report of Homosexuality to CNP was the Petitioner’s written request to accept an undesirable discharge for the good of the service and to escape trial by court-martial. On 17 November 1953, CNP directed an undesirable discharge by reason of unfitness in accordance with SECNAV Instruction 1620.1 (Discharge of Homosexuals from the Armed Services). On 27 November 1953, Petitioner was discharged with an undesirable characterization of service. d. 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 reference (b). 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,” separation code to “JFF,” and reentry code to “RE-1J” when the original discharge was based solely on DADT or a similar policy, 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. The Board noted Petitioner’s record supports that he was administratively discharged due solely to his homosexuality based on a similar policy in place prior to enactment of DADT, and that there were absolutely no aggravating factors surrounding his discharge. In this regard, the Board notes the Petitioner’s overall record of military service and current Department of the Navy policy as established in reference (c), and concludes that relief in the form of upgrading his discharge, changing his narrative reason for separation, separation authority, separation code, and his reenlistment code, as well as removing any derogatory remarks on his DD Form 214 is long overdue and proper at this time. RECOMMENDATION: In view of the above, the Board directs the following corrective action. That Petitioner’s naval record be corrected to show that his discharge characterization is changed to “Honorable,” the narrative reason for separation is changed to “Secretarial Authority,” the authority for separation is changed to “MILPERSMAN 1910-164,” the separation code is changed to “JFF,” and the reentry/reenlistment code is changed to “RE-1J.” That all comments/remarks contained in block 38 of Petitioner’s DD Form 214 be removed in their entirety. That all other information currently listed on such DD Form 214 remain the same, excepting the corrections to the DD Form 214 as recommended above. That that Petitioner be issued a new DD Form 214 reflecting the recommended corrections above. That in the event that Petitioner’s circa 1953 DD Form 214 is obsolete and cannot be reissued, that Petitioner be issued a new DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting the recommended corrections above. That any and all previously existing DD Form 214 and NAVPERS-601 (Record of Discharge, Release from Active Duty, or Death), as applicable, be removed from Petitioner’s naval record. That Petitioner be issued a new 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 22 April 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 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.