Docket No: 6411-20
Date: Ref Signature

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER    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 Record following Repeal  of            U.S.C. 654) 
 
Encl: (1) DD Form 149  
      (2) Case summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the U.S. Navy, filed enclosure (1) with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service, change to his narrative reason of separation, and adjustment to his reentry code.  Enclosure (2) applies. 
 
2.  The Board, consisting of     , reviewed Petitioner's allegations of error and injustice on 5 February 2021, 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 review the application on its merits.   
 
    c.  Petitioner enlisted in the Navy and began a period of active service on 1 June 1978.  On 8 December 1978, Petitioner began a period of unauthorized absence (UA) which lasted two-days.  On 14 December 1978, Petitioner received nonjudicial punishment (NJP) for UA.  On 15 April 1980, Petitioner began a second period of UA, which lasted twenty-days.  On 8 May 1980, Petitioner was counseled for misconduct due to frequent involvement, and was notified that failure to take corrective action might result in the initiation of administrative separation proceedings.  Subsequently, Petitioner declined his right to make an appeal to misconduct discharge.  On 23 May 1980, Petitioner received a second NJP for UA.  On 30 June 1980, Petitioner received a third NJP for disrespecting a Petty Officer.  On 1 July 1980, Petitioner was not recommended for reenlistment due to misconduct homosexual acts.  On the same date, Petitioner acknowledged this entry in his military records and was discharged from service with an Honorable character of service, separation code of HKC and a RE-4 reenlistment code.  The reason for separation states that Petitioner was discharged for Homosexual Acts.  
 
    d.  Petitioner requests upgrade to the characterization of his discharge to honorable (although the DD-214 states that Petitioner received an honorable discharge), adjustment to his narrative reason for separation and change to his reentry code citing current policy.   
 
    e.  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 relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy.    
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable” characterization 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.