Docket No: 6053-20 
Ref:   Signature Date                                                                                                                           
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER  , USN,       XXX-XX  
            
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 with attachments 
      (2) Case summary 
      (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his characterization of service “Other Than Honorable” be changed per reference (b).  He also implied and requested that his narrative reason for separation “Homosexuality”, and “RE-4” (not recommended for retention) reenlistment code be changed per reference (b).  Additionally, that the separation authority “BUPERS MANUAL C-10312”, be changed.  Enclosures (1) through (3) apply. 
  
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 16 December 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 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.  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 on 9 July 1952.  On 3 July 1955, Petitioner was arrested by civil authorities for being involved in a homosexual act in public.  On 7 July 1955, Petitioner was charged with participating in a homosexual act in a public place, which was later reduced to disorderly conduct.  On 15 July 1955, Petitioner admitted to involvement in homosexual activities while enlisted in the Navy.  On 19 July 1955, Petitioner received a psychiatric evaluation and was found legally sane and responsible for his actions.  As a result of the foregoing, administrative discharge action was initiated.  After being afforded all of his rights, it was directed that he receive an Other Than Honorable (OTH) discharge by reason of homosexuality.  On 19 August 1953, he was discharged with an OTH characterization of service, a narrative reason for separation as “Homosexuality”, an “RE-4” reenlistment code, and the separation authority as “BUPERS MANUAL C-10312”. 
  
    d.  Reference (c) sets 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 separation 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. 
 
    e.  Based on the guidance, reflected in reference (d), from the Office of the Secretary of Defense (OSD) and Department of Defense (DOD).  Former military personnel who have legally changed their name and sex, or are the subject of gender reassignment, may have their Certificate of Release or Discharge from Active Duty (DD Form 214) changed to accurately reflect their present name and sex/gender.  In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions.  However, the provisions/guidance only apply to the service-member’s DD Form 214.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, and especially in light of reference (b) and (c), the Board concludes that Petitioner’s request warrants relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy as established in reference (b) and (c).  That relief in the form of his characterization of service be changed to read “Honorable”, narrative reason for separation be changed to read “secretarial authority”, and reenlistment code to “RE-1J”.  Additionally, change his separation authority to read “MILPERSMAN 1910-164”.  
 
In view of the foregoing, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 19 August 1953, his characterization of service was “Honorable”, his narrative reason for separation was “secretarial authority”, reenlistment code was “RE-1J”, and his separation authority was “MILPERSMAN 1910-164”.   
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
That no further changes be made to the record. 
 
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 the Board received Petitioner’s application on 31 August 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. 
 
Sincerely,