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 Records Following Repeal 
                  of 10 U.S.C. 654) 
     
Encl:  (1) DD Form 149 with attachments 
    (2) Case summary 
       
1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting blocks 26, 27, and 28 of his Certificate of Release or Discharge from Active Duty (DD Form 214) be changed so as to erase any indication of discharge due to sexual preference.  Enclosures (1) and (2) apply.  
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 18 September 2020, and, pursuant to its regulations, determined 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 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 review the application on its merits.  
 
     c.  Petitioner enlisted in the Navy on 15 August 1996.  On 8 May 1998, he made a statement indicating he had homosexual ideations and desired to be administratively discharged.  Subsequently, Petitioner was notified of pending administrative separation action by reason of homosexual conduct-statement.  After he waived his procedural rights, his Commanding Officer (CO) recommended discharge and stated “dual processing for misconduct is not applicable.”  The discharge authority concurred with the CO’s recommendation and directed discharge with a characterization of service based on Petitioner’s service record by reason of homosexual conduct- admission.  On 24 June 1998, Petitioner was discharged with an honorable characterization of service.   
 
      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 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) and (c), the Board concludes Petitioner’s request warrants relief.  The Board noted Petitioner’s record supports that he was solely discharged on the basis of a homosexual admission 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 indicating the 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. 
 
Upon request, the VA be informed that Petitioner’s application was received by the Board on  
1 September 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.