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

Docket No: 11504-19           
Date:  Ref Signature 
 
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 Record following Repeal of U.S.C. 654)  

Encl:   (1) DD Form 149  

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting that his discharged be upgraded to an honorable. 

2.  The Board, consisting of                                                , reviewed Petitioner’s allegations of error and injustice on 9 March 2020, 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, and 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 15 August 1997.  On 26 August 1998, Petitioner received non-judicial punishment (NJP) for disrespect to a petty officer, sodomy and indecent acts.  On 27 August 1998, Petitioner’s Commanding Officer recommended Petitioner’s discharge with a general characterization of service by reason of serious offense and homosexual acts.  On 27 August 1998, Petitioner was notified of an administrative action to separate him from the naval service for a serious offense and homosexual acts, at which point, Petitioner elected to submit a statement.  On  20 January 1999, the discharge authority approved and directed Petitioner’s discharge with a general characterization of service for homosexual acts, and the Petitioner was discharged. 

     d.  Petitioner requests an upgrade to his characterization of service to honorable, citing current policy.

     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 full relief.  The Board noted no aggravating factors of misconduct in the Petitioner’s record and the Board determined Petitioner’s overall record of military service warranted relief. 

RECOMMENDATION: 

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

That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable” characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority. 
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 3 December 2019. 

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. 

4/14/2020