From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER    
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) Title 10 U.S.C. § 654 (Repeal) 
       (c) UNSECDEF memo of 20 Sep 11 (Repeal of “Don’t Ask, Don’t Tell”) 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was guaranteed advancement to E-3 prior to entering active duty. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 20 October 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 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.  On 10 October 1978, Petitioner enlisted in the U.S. Naval Reserve for a period of 6 years as an E-1. 
 
     c.  On 24 October 1978, Petitioner entered active duty as an E-1. 
 
     d.  On 20 December 1978, Petitioner completed all practical factors for pay grade E-2 and qualified in all respects for advancement to pay grade E-2 upon completion of required time in grade. 
 
     e.  On 17 April 1979, Petitioner’s rate was changed from SR to CTASR.  Furthermore, Petitioner’s pay grade E-3 examination was waived.  Finally, Petitioner may be advanced to pay grade E-3 at such time as all other requirements are satisfied. 
 
     f.  On 15 June 1979, Petitioner was advanced to E-2. 
 
     g.  On 13 March 1980, COMNAVMILPERSCOM notified COMNAVFORKOREA via message that Petitioner (CTASA/E-2) was currently being processed for an administrative discharge under Honorable conditions for reasons of unsuitability. 
 
     h.  On 13 May 1980, Petitioner was Honorably discharged with a reenlistment code RE-4 for unsuitability (homosexual) in accordance with BUPERS MANUAL Article 3420184 as an E-2.   
 
     i.  In accordance with reference (b) and (c), the law commonly known as “Don’t Ask, Don’t Tell” (DADT), 10 U.S.C. Sec. 654, is repealed and no longer in effect in the Department of Defense.  Sexual orientation may not be a factor in accession, promotion, separation, or other personnel decision-making. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  There was no evidence of an advancement guarantee to E-3 within Petitioner’s enlistment contract.   
 
However, in light of the contents of reference (b) and (c), the Board finds the existence of an injustice warranting the following corrective action.  Sexual orientation is no longer a bar for service in the armed forces.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) effective 13 May 1980, indicating block 25 (Separation authority) “MILPERSMAN 1910-164”, block 26 (Separation code) “JFF”, block 27 (Reenlistment code) “RE-1J”, and block 28 (Narrative reason for separation) “Secretarial authority”.  
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
 
          
12/1/2020
Deputy Director