Docket No: 6582-20
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF FORMER  , USN, 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 
 
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 a discharge upgrade and the removal of all references to homosexuality on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), to reflect current military directives and policy.  Enclosures (1) through (3) apply.    
 
2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 18 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 waive the statute of limitations and review the application on its merits. 
 
c. Regarding Petitioner’s request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered her case based on the evidence of record. 

d. Petitioner began a period of active duty on 28 March 2001.  On 26 November 2001 Petitioner made a voluntary statement to the Command Master Chief admitting that she engaged in homosexual conduct with another sailor.    
 
e. On 6 December 2001 Petitioner was notified of administrative separation proceedings by reason of homosexual conduct.  The Petitioner elected to consult with counsel and waived her right to present her case to an administrative separation board.  On 13 December 2001 Petitioner’s Commanding Officer recommended her separation with a general (under honorable conditions) characterization of service.  However, on 8 February 2002 the Petitioner was ultimately discharged from the Navy with an other than honorable conditions (OTH) characterization of service and assigned an RE-4 reenlistment code.  
 
f. 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,” separation 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 full relief.  The Board noted 
Petitioner’s record supports that she was administratively discharged due to her homosexuality based on DADT, and that there were no aggravating factors related to homosexuality or other misconduct surrounding her discharge.  In this regard, the Board notes the Petitioner’s overall outstanding record of military service and current Department of the Navy policy as established in reference (c), and concludes that relief in the form of changing her discharge characterization, narrative reason for separation, separation authority, separation code, and her reenlistment/re-entry code is proper at this time.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action. 
 
That Petitioner’s naval record be corrected to show that the character of service is changed to “Honorable,” the narrative reason for separation is changed to “Secretarial Authority,” the separation authority is changed to “MILPERSMAN 1910-164,” the separation code is changed to “JFF,” and the reentry/reenlistment code is changed to “RE-1J.” 
 
It is further directed that Petitioner be issued a new DD Form 214. 
 
That Petitioner be issued a new honorable discharge certificate. 
 
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.