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

Docket No: 8444-18 Date:  
Ref Signature

From: Chairman, Board for Correction of Naval Records
To:   Secretary of the Navy

Subj:

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 U.S.C. 654)

Encl: (1) DD Form 149

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service and promotion to EM3.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 26 September 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 his naval service 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 review the application on its merits.

  c. Petitioner enlisted in the Navy and began a period of active service on 11 February 1983. On 16 February 1984, Petitioner was promoted to FN. On 18 August 1985, Naval Investigative Service reports Petitioner’s admission to the solicitation of homosexual acts during a polygraph examination. On 5 September 1985, Petitioner was notified of the initiation of administrative separation proceedings by reason of homosexuality. On 9 September 1985, Petitioner elected counsel and his procedural rights. On 10 September 1985, an administrative discharge board convened and recommended the Petitioner’s discharge with an other than honorable (OTH) characterization of service by reason of homosexuality. On 10 January 1986, Petitioner’s commanding officer recommended Petitioner’s discharge due to homosexual involvement. On 23 January 1986, the discharge authority approved and directed his discharge. On 28 January 1986, Petitioner was discharged with an OTH characterization of homosexuality.

  d. Petitioner requests promotion, stating he was promoted to EM3 but due to the charges against him he was not. Additionally, Petitioner requests upgrade to the characterization of his discharge citing his discharge was based on his sexual orientation.

  e. References (b) and (c) set forth the Department 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,” SPD code to “JFF,” 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 concludes that Petitioner’s request warrants partial relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy. The Board notes the Petitioner naval record does not reflect promotion to EM3, therefore, Petitioner’s request of promotion to the rank of EM3 is not warranted.  Additionally, the Board notes aggravating factors of misconduct-solicitation, in the Petitioner’s naval record, therefore, an upgrade to his characterization of service is not warranted. Notwithstanding, the Board noted current Department of the Navy policy as established in reference (b) and (c), that relief in the form of his narrative reason for separation be changed to read “secretarial authority.”

In view of the above, the Board directs the following corrective action. 

RECOMMENDATION:

That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating “secretarial authority” narrative reason for separation.

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 22 August 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
1. 
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.