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

Docket No: 2215-19  
Ref: Signature Date  

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

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 with attachments 
      (2) Subject’s naval record (excerpts) 

1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the characterization of his discharge be upgraded to “Honorable” based on the repeal of “Don’t Ask, Don’t Tell”(DADT). There is an implied request that his narrative reason for separation “Homosexuality,” his separation program designator (SPD) “GRA” (Homosexual Conduct (Acts)), his re-entry code “RE-4” (not recommended for retention), and separation authority “MILPERSMAN 3630400” be changed per reference (b).  Enclosures (1) and (2). 

2.  The Board, consisting of		 reviewed Petitioner’s allegations of error and injustice on 3 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 enclosure, 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 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 enclosure (1) 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 reenlisted in the Navy on 6 October 1981. He admitted to participating in homosexual activities to his commanding officer (CO).  As a result, administrative separation action was initiated.  After being afforded all of his rights, he elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that he committed homosexual acts with a subordinate and recommended he receive an other than honorable (OTH) discharge.  On 29 September 1985, the discharge authority directed his discharge by reason of homosexuality with a characterization of service based on his service record.  On 7 October 1985, he received an honorable discharge due to homosexuality. 

d.  Reference (c) sets forth the Department of the Navy’s current policies, standards, and procedures for correction of military records following the 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 separation 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, including Petitioner’s overall record of military service and current Department of the Navy policy, the Board determined the following relief is warranted: Petitioner’s narrative reason for separation be changed to “secretarial authority,”SPD code changed to “JFF,” reenlistment code changed to “RE-1J,” and separation authority changed to “MILPERSMAN 1910-164.” 

RECOMMENDATION: 

That Petitioner’s naval record be corrected to show that on 7 October 1985, his narrative reason for separation was “secretarial authority,”SPD code was “JFF,” reenlistment code was “RE-1J,” and his separation authority was “MILPERSMAN 1910-164.” 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 

That no further changes be made to the record. 

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 6 February 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 theBoard’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.