Docket No: 7104-20
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 Records Following Repeal of 10 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, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her narrative reason for separation and reenlistment code be changed.  Petitioner implicitly requests that changes also be made to the separation authority and separation program designator (SPD) indicated on her Certificate of Release or Discharge from Active Duty (DD Form 214).    
 
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 partial 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.  Petitioner enlisted in the Navy and began a period of active duty on 22 March 1979.   
Petitioner subsequently completed this enlistment with an honorable characterization of service on 17 July 1986.  Petitioner reenlisted into the Navy on 11 September 1989.  On 18 April 1991, Petitioner admitted to having performed homosexual acts.  Subsequently, on 22 April 1991, Petitioner was notified of an administrative action to separate her from the naval service by reason of homosexuality.  Petitioner was advised of her procedural rights, and elected to consult with military counsel.   
 
After consulting with military counsel, Petitioner waived her right to present her case before an administrative discharge board (ADB).  Petitioner’s commanding officer recommended administrative discharge from the naval service with an honorable characterization of service.  The discharge authority directed administrative separation from the naval service by reason of homosexuality with the characterization of service warranted by Petitioner’s service record.  On 31 May 1991, 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: 
 
After considering enclosures (1) and (2), Petitioner’s overall record of military service, and the law and policy established in references (b) and (c), the Board concludes that Petitioner’s request warrants relief.   
 
The Board concluded that the record should be changed to reflect a less stigmatizing reason for separation by changing Petitioner’s narrative reason for separation to “Secretarial Authority” and reenlistment code to “RE-1J.”  Additionally, the Board determined that the SPD code should be changed to “JFF,” and separation authority to “MILPERSMAN 1910-164.”    
    
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
RECOMMENDATION: 
 
That Petitioner be issued a new DD Form 214 indicating that on 31 May 1991 her character of service was “Honorable,” narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” and the separation authority was “MILPERSMAN 1910-164.” 
 
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.