Docket No: 8503-19
Ref:   Signature Date       
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW NAVAL RECORD OF FORMER , USN,      XXX-XX-  
            
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 (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting, in effect, that his characterization of service “Bad Conduct Discharge” be changed per reference (b).  Implicity requested was that the narrative reason for separation, separation authority, and reenlistment code be changed.  Enclosures (1) through (3) apply. 
  
2.  The Board, consisting of,  reviewed Petitioner's allegations of error and injustice on 23 September 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 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 on 2 February 1967.  On 16 February 1967, Petitioner received non-judicial punishment (NJP) for unauthorized absence (UA) totaling five hours.  On  
6 October 1967, Petitioner was convicted at special court-martial (SPCM) of sodomy and UA  for 43 days.  He was sentenced to confinement for four months, forfeiture of pay and a bad conduct discharge (BCD).  However, the convening authority disapproved the findings and authorized a mistrial.  On 19 January 1968, a SPCM retrial convicted Petitioner of Sodomy and UA totaling 43 days.  Petitioner was sentenced to a BCD.  After the BCD was approved at all levels of review, Petitioner was discharged on 9 August 1968.  
 
    d.  Reference (c) sets 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 separation 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 reference (b) and (c), the Board concludes that Petitioner’s request warrants relief.  In this regard, the Board noted Petitioner’s military service, minor misconduct in the form of UA that was unreleated to the sodomy charges, and current Department of the Navy policy as established in reference (b) and (c).   
 
In view of the foregoing, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214 to indicate that on 9 August 1968, he received an honorable characterization of service, secretarial authority narrative reason for separation and separation authority and RE-1J reenlistment code.   
 
That Petitioner be issued an honorable discharge certificate. 
 
That no further changes be made to the record. 
 
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 4 September 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. 
 
Sincerely,