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

Docket No: 2126-20  
Ref:   Signature Date  

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

Ref: (a) Title 10 U.S.C. 1552 
     (b) Public Law 111-321 (Don’t Ask, Don’t Tell Repeal Act of 2010) 
     (c) UNSECDEF Memo OF 20 Sep 11 (Correction of Military Record following Repeal of 10 U.S.C. 654) 

Encl: (1) DD Form 149 w/attachments 

1.  Pursuant to the provisions of references (a)-(c), Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to change his narrative reason for separation and upgrade his characterization of service. 

2.  The Board, consisting of .       , reviewed Petitioner’s allegations of error and injustice on 30 April 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 naval 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.  Petitioner entered active duty with the Navy on 27 April 1984.  He provided a statement to investigators on 22 March 1985 admitting to homosexual activities prior to entering the Navy and while on active duty. As a result, Petitioner was notified of administrative separation processing for fraudulent entry on 18 June 1985 and was discharged on 16 July 1985 with a general (under honorable conditions) characterization of service. 

c.  Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the repeal of “Don’t Ask, Don’t Tell” (DADT).  It provides the Board for Correction of Naval Records with guidance for granting requests to change the characterization of service to “general” or “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reentry code to “RE-1J,” when 
the original discharge was (1) based solely on DADT or a similar policy that preceded DADT, and (2) there are no aggravating factors in the record, such as misconduct. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  The Board concluded Petitioner met the requirements for relief under reference (c) based on evidence he was discharged for fraudulent entry based on his failure to disclose his preservice homosexual activity. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected to show that Petitioner was discharged with an Honorable characterization of service with a narrative reason for separation of “secretarial authority,” SPD code of “JFF,” and reenlistment code of “RE-1J.” Petitioner will be issued a new DD Form 214 consistent with the changes ordered by the Board. 

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.