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

Docket No: 9786-19 Ref: Signature Date 
From:  Chairman, Board for Correction of Naval Records 
To:  Secretary of the Navy 

Ref:  (a) 10 U.S.C. § 1552 
      (b) 10 U.S.C. § 654 (repealed) 
      (c) UNSECDEF memo of 20 Sep 11, “Correction of Military Records Following Repeal Of Section 654 of Title  10, United States Code”  
Encl: (1) DD Form 149 with attachments 
      (2) 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 this Board requesting an upgrade to his discharge to reflect a general characterization of service.  Enclosure (2) applies.    

2.        allegations of error and injustice on 9 January 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, relevant portions of his naval service 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 was inducted into Naval service on 29 July 1943, and served in World War II. amphibious operations and in an amphibious 

d.  On 15 April 1944, Petitioner received nonjudicial punishment (NJP) for smoking in a living compartment. On 7 February 1945, Petitioner received NJP for scandalous conduct tending to the destruction of good morals. Petitioner was subsequently recommended for a general court-martial.  Petitioner signed a statement in which he accepted an undesirable discharge to escape trial, and was discharged from the Navy on 28 May 1945, with an undesirable discharge. 

e.  References (b) and (c) set forth theDepartment 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,” 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 concluded that Petitioner’s request warrants corrective action. The Board considered Petitioner’s request for a change to his discharge characterization, noted his contributions during World War II, and took into consideration his personal statement.  The Board determined that based on the available information, Petitioner’s conduct and behavior were not associated with any aggravating factors and found that applying reference (c) to Petitioner’s request is appropriate.  Additionally, in light of reference (c), Petitioner is also entitled to a change to his narrative separation reason to reflect “Secretarial Authority,” a change to his SPD code, and a change to his reenlistment code.   In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 
That Petitioner be issued a new DD Form 214 indicating an honorable character of service, narrative reason for separation, separation authority, SPD code, and reenlistment code equivalent to “Secretarial Authority”. 

That Petitioner be issued an 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 10 October 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.