DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON VA 22204 Docket No. 0414-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 (b) 10 U.S.C. §654 (repealed) (c) UNSECDEF memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654) Encl: (1) DD Form 149 1. Pursuant to reference (a) and (b), Petitioner, a former enlisted Sailor, filed the enclosure with this Board, requesting changes to his narrative reason for separation, separation code, and reentry code. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 19 May 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 enclosure, relevant portions of the Petitioner’s 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 enlisted in the Navy and began a period of active duty on 4 March 1980. On 26 August 1980, Petitioner gave a statement to an investigating officer admitting to engaging in multiple homosexual acts since entering active duty. On 29 August 1980, Petitioner began a period of unauthorized absence that continued until he surrendered on 2 September 1980. On 9 September 1980, administrative separation was initiated. After being afforded his rights, Petitioner elected to waive them and his commanding officer recommended he receive an honorable discharge. On 12 September 1980, Petitioner was discharged with an honorable characterization of service, a separation code “HKC,” a narrative reason for separation “misconduct, homosexual acts,” and a reentry code “RE-4.” c. Petitioner asserts he was verbally abused by the investigating officer who called him derogatory names and he has never engaged in homosexual activities. Petitioner claims he requested to go to BUDS school and become a SEAL, however, he was in a critical rating and was told he could not. He was upset and no longer wanted to be in the Navy. Petitioner states he felt deceived and coerced into enlisting because of misleading information, and believes the Navy was in breach of contract. Lastly, Petitioner states the alleged offense currently does not violate the Uniform Code of Military Justice. d. Reference (c) sets forth the Department of the Defense'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 guidance to grant requests to change the narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” re-characterize the discharge to honorable, and reenlistment code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment, and there are no aggravating factors in the record, such as misconduct. The separation authority directed that Petitioner be discharged due to misconduct, homosexual acts. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by changing the separation authority and narrative reason to “Secretarial Authority;”; changing the separation code to “JFF;” and changing the RE code to “RE-1J.” Petitioner be issued a new DD Form 214. That no further action be granted. A copy of this report of proceedings be filed in Petitioner’s naval record. That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 27 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.