Docket No: 7743-19 
Ref: Signature Date 
 
From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER                , USN 
 
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 
        (2) Case summary 
        (3) Subject's naval record 
 
1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his Under Other than Honorable Conditions discharge be upgraded to Honorable on his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).   
 
2. The Board, consisting of       reviewed Petitioner's allegations of error and injustice on 23 June 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 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 enlisted in the Navy and began a period of active duty on 1 September 1964.   

d. On 6 October 1965, Petitioner made a voluntary statement to the Office of Naval Intelligence regarding his sexuality.  On 12 October 1965, Petitioner requested an undesirable discharge for the good of the service and to escape trial by court-martial.  He waived his right to an administrative discharge board, representation by counsel, and to submit any statement on his behalf.  On 19 October 1965, Petitioner’s commanding officer recommended an undesirable discharge by reason of unfitness.  On 2 November 1965, the discharge authority directed an undesirable discharge by reason of unfitness.  

e. On 5 November 1965, Petitioner was discharged and issued a DD Form 214 indicating an under other than honorable conditions character of service and Art., C-103411, BUPERS Manual -253- reason and authority.    
 
f. 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,” separation 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.   
 
The Board noted Petitioner’s record supports that he was administratively discharged solely due to his sexuality and that there were 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 changing character of service is proper at this time.   
 
The Board also determined that in order to fully implement the letter and spirit of the reference (c) policy, additional relief was warranted above and beyond what Petitioner requested in his application.  Such additional relief is necessary to ensure that there are no administrative inconsistencies surrounding the Petitioner’s discharge.  Accordingly, in addition to changing his character of service, the Board concluded that changing Petitioner’s separation authority, re-entry/reenlistment code, narrative reason for separation, and separation code on his DD-214 is warranted as well.  
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214 indicating that on 5 November 1965, Petitioner was discharged with an honorable character of service, Art. C-10306 BUPERS Manual 21L reason and authority, other good and sufficient reason narrative reason for separation. 
 
That Petitioner be issued an honorable discharge certificate. 
 
That no further changes be made to the record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 5 August 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. 
 
9/11/2020


Executive Director