Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations and policies. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 25 July 2007.   Following your notification that you were being administratively processed for separation from the Navy by reason of homosexual conduct and your election of rights, on 23 September 2009 the Bureau of Naval Personnel approved and directed your separation for homosexual conduct and assigned you an RE-4 reentry code.  Ultimately, on 22 October 2009, you were discharged from the Navy for homosexual conduct with a general (under honorable conditions) characterization of service.   
 
The Don’t Ask, Don’t Tell Repeal Act of 2010, and the Under Secretary of Defense Memo of 20 September 2011 (Correction of Military Records Following Repeal of Section 654 of Title 10, United State Code), both 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.  The current policy now provides service Discharge Review Boards with the guidance to grant requests to change the characterization of service to “honorable” or “general (under honorable conditions),” 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.  
 
On 24 May 2012, the Naval Discharge Review Board (NDRB) granted you partial relief and changed your narrative reason for separation, separation code, and separation authority all to “Secretarial Authority,” but did not upgrade your discharge characterization or reentry code.  However, on 24 July 2018 the NDRB upgraded your discharge to “Honorable” and changed your reentry code to “RE-1” to afford you full relief as outlined in the DADT repeal policy. 
 
Concerning your current petition for additional relief, the Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to:  (a) despite the changes to your DD Form 214, that you continue to suffer from the circumstances of your discharge; (b) your current narrative reason stigmatizes you and makes you vulnerable to discrimination; (c) you must now choose between “outing” yourself to prospective employers  as a lesbian or risk being denied employment because an employer made incorrect assumptions about your Navy service; (d) you must choose between protecting your privacy and making ends meet; (e) modifying your dates of service would make you eligible for full G.I. Bill benefits, and (f) post-service you have lead a civilian life equally marked by integrity and hard work.  Unfortunately, the Board determined your mitigating factors and contentions were not sufficient to warrant changing your narrative reason for separation, amending your separation date, or granting any other ancillary relief in your case.     
 
The Board initially determined that there was no impropriety or inequity with the circumstances surrounding your discharge processing and that your separation was legally and factually sufficient and in accordance with all Department of the Navy directives and policy at the time of your discharge.  The Board also determined that following your 2018 NDRB relief, you have failed to demonstrate that your case still presents the Board with a material error or injustice.  The Board concluded that mere speculative harm is not a valid basis or theory upon which to grant relief.  Lastly, absent a material error or injustice, the Board generally will not summarily grant relief solely for the purpose of facilitating VA benefits or enhancing educational or employment opportunities.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 
                                                                              
Sincerely,