From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
            
 
Ref:      (a) 10 U.S.C. 1552 
         (b) 10 U.S.C. 654 (Repeal) 
      (c) UNSECDEF Memo OF 20 Sep 11 (Correction of Military Record following Repeal  
      of U.S.C. 654) 
 
Encl: (1) DD Form 149  
         (2) Naval record (excerpts) 
 
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 changing his reason for discharge, and restoration of rank to petty officer third class.  Enclosure (2) applies. 
 
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 2 December 2020 and, pursuant to its regulations, determined that 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 Navy and began a period of active service on 4 August 1980.  On 18 May 1982, Petitioner was notified of the initiation of administrative separation proceedings by reason of homosexuality, at which point, Petitioner waived his right to consult with counsel and a hearing before an administrative discharge board.  On 28 May 1982, the discharge authority approved and directed discharge.  Petitioner was discharged on 16 June 1982, with an honorable characterization of service by reason of homosexuality.  
 
         d.  References (b) and (c) 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 of 10 U.S.C. 654.  It provides service Discharge Review Boards with the guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD 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. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concludes that Petitioner’s request warrants partial relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy.    
 
With regard to the Petitioner’s request for restoration of his rank, the Board noted there is no evidence in the record to reflect the Petitioner was promoted to the rank of petty officer third class, therefore no change is warranted to the Petitioner’s rank.  
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable” character of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority.    
That 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 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.