DEPARTMENT OF THE NAVY 

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

TAL 
DocketNo: 177-18 

APR 10 2018 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 


Ref: (a) 10 U.S.C. 1552 

(b) Public Law 111-321 (Don't Ask, Don't Tell Repeal Act of2010) 
(c) UNSECDEF Memo OF 20 Sep 11 (Correction ofMilitary Record following Repeal of · 
10 u.s.c. 654) 
Encl: (1) DD Form 149 with attachments 

(2) Case summary 
(3) Subject's naval record 
I. Pursuant to the provisions ofreference (a), Petitioner filed enclosure (1) with this Board 
requesting, that his "under other than honorable" (OTH) discharge be changed per references (b) 
and ( c ). Implicit in this request is that changes also be made, consistent with reference ( c ), to the 
narrative reason for separation, Separation Program Designator (SPD), Reenlistment (RE) Code, 
and separation authority indicated on Petitioner's discharge from the military. Petitioner is also 
requesting restoration ofhis rank back to 


. 

2. The Board, consisting of reviewed Petitioner's 
allegations of error and injustice on 7 February 2018 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 ofthe enclosures, 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 f!lld injustice finds as follows: 
a. Before applying to this Board, Petitioner exhausted all administrative remedies available 
under existing law and regulations within the Department ofthe Navy. 
b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute oflimitations and review the application on its merits. 
c. Petitioner reenlisted in the Navy on 30 June 1989 after more than three years ofprior 
service. Petitioner was under investigation after Petitioner's roommate read the Petitioner's 
diary which included statements to the effect that he is homosexual and bisexual, that he wanted 

Subj: REVIEW NAVAL RECORD OF EX-


to have a relationship with another sailor and that he had daydreams of having sex with a person 
under the age of 16. As a result ofthe foregoing, administrative discharge action was initiated. 
After being afforded all ofhis procedural rights, it was directed that Petitioner receive an under 
other than honorable discharge by reason ofhomosexuality. On 9 August 1993, Petitioner was 
discharged. 

d. Reference (c) sets forth the Department of Defense's current policies, standards, and 
procedures for correction ofmilitary records following the repeal of"Don't Ask, Don't Tell" 
(DADT) (reference (b)). It provides the Board for Correction ofNaval Records with guidance 
for granting requests to change the characterization of service to "general" or "honorable," 
narrative reason for discharge to "secretarial authority," SPD code to "JFF," and reentry code to 
"RE-IJ," when the original discharge was (1) based solely on DADT or a similar policy that 
preceded DADT, and (2) there are no aggravating factors in the record, such as misconduct. 
CONCLUSION: 

After considering enclosures (I) through (3), Petitioner's overall record ofmilitary service, and 
the law and policy established in references (b) and ( c ), the Board concludes that Petitioner's 
request warrants relief in the form ofchanging Petitioner's characterization of service to 
"honorable," the narrative reason for separation to "secretarial authority," SPD code to "JFF", 
reenlistment code to "RE-IJ," separation authority to "MILPERSMAN 1910-164," and that 

Petitioner's rank should be restored to     
which was reduced to as a result of the 

administrative separation. 

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that on 9 August 1993, Petitioner's 
_characterization ofservice was_ "honorable," the narrative reason for separation was "secretarial 
authority," the SPD code assigned was "JFF," the reenlistment code was "RE-IJ," the separation 

authority was "MILPERSMAN 1910-164," and his rank was 


That Petitioner should be issued a new Certificate of Release or Discharge from Active Duty 
(DD Form 214). 

That a copy ofthis report ofproceedings be filed in Petitioner's naval record. 

That, upon request, the Department of Veterans Affairs will be informed that Petitioner's 
application was received by the Board on 20 December 2017 . 

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Subj: REVIEW NAVAL RECORD OF EX


4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code of Federal Regulations, Section 723.6(c)) 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 ofthe Board's proceedings in the above entitled matter. 
5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal 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 ofthe Secretary ofthe Navy. 
Executive Director 

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