Docket No: 0694-20  
Ref: Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


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 (3) Naval record (excerpts)  

1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted Sailor, filed enclosure (1) with this Board, requesting changes to his narrative reason for separation, separation code, and reentry code. 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 21 May 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 the 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 review the application on its merits.  

c.  Petitioner enlisted in the Navy and began a period of active duty on 22 September 1993. Petitioner received a nonjudicial punishment (NJP) for sodomy and indecent acts aboard a ship.  Subsequently, administrative separation was initiated by reason of misconduct due to homosexual acts.  Petitioner did not consult with counsel or request an administrative discharge board.  The commanding officer recommended that Petitioner receive an under other than 
honorable (OTH) conditions discharge.  On 4 May 1994, the discharge authority directed an under other than honorable characterization of service.  
Petitioner was discharged the same day with an OTH characterization of service, a separation code “GRA,” a reentry(RE) code “RE-4,” and a narrative reason for separation “homosexual act.” 

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), theBoard 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 Petitioner be issued an honorable discharge certificate. 

That a copy of this report of proceedings be filed in Petitioner’s Naval record. 

That no further action be granted. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 14 January 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 Regulations 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.