Docket No: 5008-20 
Ref:   Signature Date  
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
  
Subj:   REVIEW OF NAVAL RECORD OF FORMER  ,           , 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) 
 
Encl:   (1) DD Form 149 (NR20200005008) 
        (2) Case summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service.  Enclosure (2) applies. 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 27 July 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 his 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy and began a period of active duty service on 23 September 1996.  In December 1996, Petitioner made a statement that he was a homosexual.  Subsequently, Petitioner was notified on 11 December 1996, that he was being administratively processed for separation by reason of homosexual conduct.  On 23 December 1996, Commanding Officer, Service School Command recommended that Petitioner be administratively separated by reason of Homosexual Conduct and that he receive an uncharacterized entry level separation. 
 
    d.  On 11 April 1997, Petitioner was discharged with an uncharacterized (entry level separation) character of service, homosexual conduct admission narrative reason for separation, and RE-4 reentry code. 
 
    e.  Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the DADT repeal of 10 U.S.C. 654, reference (b).  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: 
 
The Board considered Petitioner’s request for a change to his Certificate of Release or Discharge from Active Duty (DD Form 214) and noted that Petitioner was discharged on the basis of a homosexual admission, and Petitioner’s conduct and behavior were not associated with any aggravating factors.  The Board found that applying reference (c) to Petitioner’s request is appropriate.  The Board noted that in light of reference (c), Petitioner is entitled to a change to his narrative separation reason to reflect “Secretarial Authority,” a change to his SPD code, and a change to his reenlistment code.   
 
The Board determined that since Petitioner was notified of administrative separation proceedings against him within the first 180 days of the start of his active duty service, that he was entitled to an uncharacterized character of service.  Accordingly, the Board determined that an upgrade to an honorable discharge is not appropriate. 
 
Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concluded that Petitioner’s request warrants partial corrective action to include that Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) should be changed to reflect a narrative reason for separation of “Secretarial Authority,” a separation authority of “MILPERSMAN 1910-164, an SPD code of “JFF,” and a reenlistment code of RE-1J.  The Board concluded that no further corrective action is warranted. 
 
 In view of the above, the Board directs the following partial corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214 to indicate that on 11 April 1997, Petitioner received an uncharacterized character of service, secretarial Authority narrative reason for separation, JFF SPD code, MILPERSMAN 1910-164 separation authority, and RE-1J reentry 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 17 July 2020. 
 
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 Regulation, 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.