Docket No: 4854-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER       XXX-XX-USN 
 
Ref:    (a) 10 U.S.C. 1552 
        (b) 10 U.S.C. 654 (Repeal) 
        (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Records Following Repeal 
            of 10 U.S.C. 654 
        (d) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for  
            Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency                Determinations,” of 25 July 2018 
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
     
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by upgrading the characterization of service, changing the narrative reason for separation and separation authority to “secretarial authority,” and changing the RE-4 reentry code to RE-1 on his Certificate of Release or Discharge from Active Duty (DD Form 214).   
 
2.  The Board consisting of reviewed Petitioner’s allegations of error and injustice on 19 April 2021 and, pursuant to its regulations, determined the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
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 enclosure (1) 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 U.S. Navy on 23 May 1988.  On 9 May 1989, during a medical evaluation, Petitioner admitted that he was a homosexual.  On 18 May 1989, Petitioner submitted a sworn statement to his commanding officer stating that he has engaged in homosexual conduct.  Subsequently, Petitioner was notified of pending administrative separation action by reason of homosexuality.  Petitioner was further notified that the commanding officer recommended administrative separation by reason of homosexuality with a general, under honorable conditions, characterization of service.  Petitioner was discharged on 16 June 1989 and assigned an RE-4 (not recommended for reenlistment) reentry code.  The discharge authority concurred. However, the discharge authority informed the commanding officer that Petitioner’s discharge was in error due to use of improper notification procedure.  Nevertheless, the discharge authority directed Petitioner be discharged in accordance with the commanding officer’s discharge letter.   
 
      d. Petitioner contends he was forced out of the military for his sexual orientation.  Petitioner further contends “guilt and shame have kept him from applying for a discharge upgrade.”  As a result of his discharge, he has suffered “mentally pertaining to treatment in and out of the military.”   
 
      e.  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 characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment 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) through (d), the Board concludes Petitioner’s request warrants relief.  The Board noted Petitioner’s record supports that he was solely discharged on the basis of homosexuality with no aggravating factors.  
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 and new discharge certificate indicating the characterization of service as “honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” separation authority as “MILPERSMAN 1910-164,” and reentry code as “RE-1J.”   
 
No further changes be made to Petitioner’s record. 
 
A copy of this report of proceedings 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
4/28/2021
Executive Director