Docket No: 1302-20  
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 w/ attachments  

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

2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 5 May 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, together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, 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 waive the statute of limitations and review the application on its merits. 

c. Petitioner began a period of active duty on 31 October 1975.  On 9 June 1980, the Petitioner admitted to a Medical Officer and Naval Intelligence Service to having a propensity to engage in homosexual conduct and having engaged in homosexual misconduct while in leave status on active duty. 

d. On 31 October 1980, the Petitioner was notified of an administrative action to separate him from the naval service for homosexual conduct as evidenced by his statements that he is a homosexual and has the propensity to engage in homosexual conduct, or words to that effect.  The Petitioner consulted with counsel and waived the right to submit a written statement, and present his case to an administrative separation board. On 7 November 1980, the Petitioner’s Commanding Officer recommended that he be administratively separated with a General (Under Honorable Conditions) characterization of service.  On 26 November 1980, the separation authority approved his administrative separation, but held it in abeyance subject to Secretary of the Navy (SECNAV) review.  On 8 December 1980, the Petitioner waived SECNAV review.  On 10 December 1980, the Petitioner was discharged with an Honorable characterization of service with “Misconduct Homosexual Acts” as the narrative reason for his separation, and an “RE-4” re-entry/reenlistment code. 

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,” separation 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 relief. 

The Board noted Petitioner’s record supports that he was administratively discharged due to his homosexuality based on DADT, and that there were no aggravating factors surrounding his discharge.  In this regard, the Board notes the Petitioner’s overall record ofmilitary service and current Department of the Navy policy as established in reference (c), and concludes that relief in the form of changing his re-entry code, narrative reason for separation, and separation code is proper at this time. 

The Board also determined that in order to fully implement the letter and spirit of reference (c), additional relief was warranted above and beyond what Petitioner requested in his application.  Such additional relief is necessary to ensure that there are no administrative inconsistencies surrounding the Petitioner’s discharge.  Accordingly, in addition to modifying Petitioner’s re­entry code, narrative reason for separation, and separation code, the Board concluded that changing Petitioner’s separation authority on his DD-214 is warranted as well. 

In this regard, the Board noted that normally a DD Form 215 would be issued to correct the record, however, the Board concluded a new and updated DD Form 214 is warranted to eliminate the possibility of invasive questions.  Other than the changes prescribed in this decisional document, the Board further concluded that no other changes should be made to Petitioner’s record. 


RECOMMENDATION: 
In view of the above, the Board directs the following corrective action. 
That Petitioner’s naval record and DD Form 214 be corrected to show that his narrative reason for separation is changed to “Secretarial Authority,” the separation authority is changed to “MILPERSMAN 1910-164,” the separation code is changed to “JFF,” and the re­entry/reenlistment code is changed to “RE-1J.” 

That no further changes be made to the record. 

That Petitioner be issued a new honorable characterization of service discharge certificate. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 29 January 2020. 

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.