Docket No: 1618-20 
Ref:   Signature Date 
 
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)  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) Case summary 
        (3) Subject's naval record 
 
1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting his discharge characterization be upgraded.   

2. The Board, consisting of                 , reviewed Petitioner's allegations of error and injustice on 2 June 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 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 began a period of active duty on 21 September 1982.  On 15 October 1982, Petitioner received a retention warning indicating that any further misconduct could result in disciplinary action, including an administrative discharge.  On 30 June 1983, Petitioner received nonjudicial punishment (NJP) for a period of unauthorized absence.  On 18 August 1983, Petitioner received NJP for two periods of UA and missing movement.   

d. On 7 September 1983, Petitioner was notified of administrative separation proceedings by reason of misconduct due to commission of a serious offense and by reason of homosexuality.  Petitioner did not consult with counsel and waived his right to present his case to an administrative discharge board.  Petitioner did elect to submit a statement on his behalf where he indicated his periods of UA were caused by the discovery of his sexuality.  On 4 October 1983, the Petitioner’s Commanding Officer recommended he be administratively separated with an under other than honorable conditions (OTH) discharge.  On 19 October 1983, the discharge authority directed an OTH characterization of service by reason of misconduct – commission of a serious offense.  On 21 October 1983, Petitioner was so discharged.   

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 was discharged on the basis of misconduct – commission of a serious offense, but determined that his statement made on 13 September 1983, explaining that his periods of UA and missing movement were the result of the discovery of his sexuality, was credible.  As such, the Board considered this case under the provisions of reference (c).   
 
The Board further determined that 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 character of service, his separation authority, reenlistment code, narrative reason for separation, and separation code should be changed 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.   
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD From 214 indicating that he was discharged on 21 October 1983, with character of service of honorable, narrative reason for separation of secretarial authority, separation authority of MILPERSMAN 1910-164, separation code of JFF, and  reenlistment code of RE-1J. 
 
That Petitioner be issued an honorable discharge certificate. 
 
That no further changes be made to the record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 12 February 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 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.