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

From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 

 

Subj: REVIEW OF NAVAL RECORD OF 

Ref: 
(a) 10 U.S.C. § 1552 
(b) 10 U.S.C. § 654 (Repeal) 
(c) USD Memo of 20 Sep 11 (Correction of Military Record Following Repeal of 10 
U.S.C. 654) 

Encl: 
(1) DD Form 149 w/ attachments 
(2) Subject's naval record (excerpts) 

1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board 
requesting that the narrative reason for discharge on his Certificate of Release or Discharge from 
Active Duty (DD Form 214) be changed to “secretarial authority.” 

2. The Board, consisting reviewed Petitioner's allegations of error and injustice on 15 July 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 enclosures, relevant portions of 
Petitioner’s naval records, 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, found 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 
review the application on its merits. 

c. Petitioner enlisted in the Navy and began a period of active service on 11 June 1997. On 
18 March 1998, his commanding officer recommended administrative separation on the basis 
that Petitioner had confessed to engaging in homosexual acts. The commanding officer’s 
statement set forth that the act occurred during the Christmas holiday, while Petitioner was on 
leave, with a non-military member, and was not performed on a Naval installation. He was 
separated with an honorable discharge on 14 April 1998 for “homosexual act.” 
 
d. Petitioner submitted a personal statement that, during his enlistment, he was repeatedly 
harassed by fellow sailors because of his sexual orientation, including being subjected to insults 
and one alleged gang assault in his rack. Petitioner realized the Navy was not for him and a 
Chaplain recommended using “Don’t Ask, Don’t Tell” to get a discharge. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that 
Petitioner’s request warrants relief. Additionally, the Board reviewed his application under the 
guidance provided in reference (c). Specifically, the Board considered whether his application 
was the type that was intended to be covered by these policies. 

The Board's decision is based on Petitioner’s separation under laws that existed in 1998, but 
were later repealed. The Board also noted the lack of any disciplinary proceedings in the 
Petitioner’s records, or aggravating factors. 

RECOMMENDATION 

In view of the foregoing, the Board finds the existence of an injustice warranting the following 
corrective action. 

Petitioner’s naval record be corrected to show that the narrative reason for sepation was 
“secretarial authority” and the discharge code be corrected to show “JFF.” 

Petitioner be issued a new DD Form 214. 

A copy of this Report of Proceedings be filed in Petitioner’s naval record. 

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner's application was 
received by the Board on 2 July 2018. 

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 reference (a), has been approved by the Board on 
behalf of the Secretary of the Navy.