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

Docket No: 9083  
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 this Board, requesting his discharge be upgraded to honorable. 

2.  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 record, 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 11 June 1959. On 21 February 1962, administrative separation was initiated by reason of misconduct due to homosexual conduct with a civilian at an off base location.  However, Petitioner was informed, in writing, that if he did not waive his right to an administrative discharge board he would be taken to a general court-martial.  Petitioner requested a good of the service separation in lieu of trial by court-martial (GOS/SILT).  On 20 March 1962, Petitioner was discharged with an other than honorable (OTH) characterization of service. 

c.  Petitioner asserts he was unfairly separated for homosexual conduct with an OTH.  Petitioner states he entered the Navy at age 17 with parental consent and has been married for 53 years, has three children, is employed, and has never been arrested.  The Board noted that there were no aggravatingfactors regarding Petitioner’s homosexual conduct, he had no other misconduct or disciplinary action documented in his record, and he was coerced into requesting a GOS/SILT. 

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. Petitioner’s naval record be corrected by changing the characterization of service to “honorable;” 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.” 

Petitioner be issued a new DD Form 214. That no further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. 

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.