DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SJN Docket No: 2089-18 2401-99 HAY 1 5 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. §1552 (b) 10 U.S.C. §654 (repealed) (c) UNSECDEF memo of20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654) Encl: (!)DD Form 149 w/enls (2) Case Summary (3) Subject's naval record (excerpts) 1: Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, filed enclosure (1) with this Board requesting that his narrative reason for his discharge "USNHOMSEXUALITY- ST ATED HE OR SHE IS A HOMOSEXUAL OR BISEXUAL" and characterization of service "GENERAL," be changed on his Certificate ofRelease or Discharge from Active Duty (DD Form 214). He also impliedly requested that the separation authority " FEB 82 MILPERSMAN 3420189," separation code "HPB," and reenlistment code "RE-4" be changed per reference (b) and (c). His case was reconsidered in accordance with Board for Correction ofNaval Records procedures that conform to Lipsman v. Secretary o(Army, 335 F. Supp. 2d 48 (D.D.C. 2004). Enclosures(!) through (3) apply. 2. The Board, consisting of , and , reviewed Petitioner's allegations of error and injustice on 23 April 2018 and, pursuant to its regulations, determined that the partial 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 ofPetitioner's naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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 Departnient ofthe Navy. Subj: REVIEW OF NAVAL RECORD OF FORMER b. Although enclosure (I) 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 enlisted in the Navy and began a period of active duty on 31 July 1979. During his service, he received four nonjudicial punishments (NJPs) for theft, three periods of unauthorized absence totaling 57 days, possession of marijuana and breaking restriction. On 18 · December 1981, he informed his command that he was bisexual and had engaged in homosexual acts with civilians. In view ofthe foregoing, administrative separation action was initiated by reason of homosexuality. After being afforded all ofhis procedural rights, he received a general discharge on 3 March 1982. d. Petitioner contended that he was assaulted while in the Navy and was pressured into stating that he was gay in order to be discharged. e. Reference (c) sets forth the Department of the Defense'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 guidance to grant requests to change the narrative reason for discharge to "secretarial authority," SPD code to "JFF," recharacterize the discharge to honorable, and reenlistment code to "RE-IJ," when the original discharge was based solely on DADT or a similar policy in place prior to enactment, and there are no aggravating factors in the record, such as misconduct. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, especially in light of references (b) and (c), the Board concluded that the Petitioner's request warrants favorable action in the form of partial relief. The Board concluded that based upon his overall record of service, his .characterization of service should remain "GENERAL," and reenlistment code should remain "RE-4." The members voted not to upgrade his characterization ofservice or change his reentry code given the seriousness ofhis NJPs, including the charge of possessing marijuana. However, the Board voted and agreed to have his narrative reason for separation changed to "Secretarial Authority," and separation code to "JFF." In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: Petitioner's naval record be corrected to show that on 3 March 1982, the separation authority is "MILPERSMAN 1910-164." The separation code be changed to "JFF ." The narrative reason for discharge be changed to "Secretarial Authority." · 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. Upon request, the Department of Veterans Affairs be informed that Petitioner's applicatimi was received by the Board on 26 March 2018. 4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoffig i<'•rue""' oomplclo =•dof ili&~