Docket No: 180-20 
From:  Chairman, Board for Correction of Naval Records 
To:  Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD 
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 an upgrade to her discharge to reflect an honorable characterization of service.  

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 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 her 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 4 March 1985. On 13 June 1985, Petitioner received non-judicial punishment (NJP) for violation of a lawful order.  On 13 June 1986, Petitioner was notified of the initiation of administrative separation proceedings by reason of homosexuality, due to her statements.  On 22 June 1986, Petitioner waived her right to consult with counsel and her procedural rights.  On 27 June 1986, her Commanding Officer recommended she be separated from the naval service.  On 11 July 1986, the Petitioner retracted her statement, said she wanted to remain in Navy and would follow USN regulations.  On 12 July 1986, the separation authority approved and directed Petitioner’s discharge with an honorable characterization of service by reason of homosexuality.  On 14 August 1986, Petitioner was so discharged. 

d.  Petitioner requests a change to her narrative reason, separation code, and reentry code on her Certificate of Release or Discharge from Active Duty (DD Form 214). 

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.  TheBoard noted aggravating factors of misconduct in the Petitioner’s record.  However, theBoard determined Petitioner’s overall record of military service mitigated the misconduct. 

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 “secretarial authority” as narrative reason for separation, “RE-1J” reenlistment code and “JFF” separation code. 

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 26 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. 

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