DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8088-18 From: Chairman, Board for Correction of Naval 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 (Repeal) (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. § 654) Encl: (1) DD Form 149 with attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting, that his character of service and narrative reason for separation be changed. Implicit in this request is that changes also be made to the separation program designator (SPD), reenlistment code (RE), and separation authority indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). Additionally, Petitioner requested his naval record be corrected to reflect a name change. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 13 November 2019 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, 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 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 the enclosure 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 enlisted in the Navy and began a period of active duty on 1 December 1986. On 26 April 1989, Petitioner received non-judicial punishment (NJP) for false official statement and forgery. The record shows that following an investigation into the homosexual activity of another Sailor, Petitioner was advised of his procedural rights and admitted freely that he is a homosexual. As a result of the foregoing, Petitioner was notified of pending administrative separation action by reason of homosexuality; Petitioner waived his procedural right to consult with legal counsel and to present his case to an administrative discharge board (ADB). The commanding officer recommended administrative discharge with a general (under honorable conditions) characterization of service. The discharge authority approved the recommendation and directed discharge with a general (under honorable conditions) characterization of service by reason of homosexuality. On 12 July 1989, Petitioner was discharged. d. Petitioner contends that the change in law and military policy regarding the open service of homosexuals reveals prima facie, that his discharge was unjust. Additionally, given the presence of bias and animus, the present reason for discharge presents a significant barrier to employment. 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 characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment 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: After considering the enclosure, Petitioner’s overall record of military service, and the law and policy established in the references, the Board concludes that Petitioner’s request warrants relief in the form of changing Petitioner’s characterization of service to “Honorable,” the narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to “RE-1J,” and separation authority to “MILPERSMAN 1910-164.” Regarding Petitioner’s request for name change, the Board noted Petitioner has provided sufficient legal evidence (specifically, the “Certificate of Name Change” from the Circuit Court for the state of dated 25 September 2007) supporting his request. The Board found the legal actions taken by civilian authorities to change Petitioner’s name support a change to his DD Form 214 to reflect Petitioner’s legal name. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: In view of the above, the Board directs the following corrective action. That Petitioner’s naval record be corrected to show that on 12 July 1989, Petitioner’s characterization of service was “Honorable,” the narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” the separation authority was “MILPERSMAN 1910-164.” Additionally, Petitioner’s naval record, specifically, Block 1 of the DD Form 214, be corrected to reflect the name “ instead of It is further directed that Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). That a copy of this report of proceedings be filed in Petitioner’s naval record, along with the previously issued DD Form 214 which reflects the name “ and the updated DD Form 214 which reflects the name “ That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 3 October 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 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.