Docket No: 7373-20
Ref:   Signature Date 
            
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 Records Following Repeal of 10 U.S.C. 654) 
 
Encl: (1) DD Form 149 (NR20200007373) 
      (2) Case summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service.  Enclosure (2) applies. 
 
2.  The Board consisting of     reviewed Petitioner’s allegations of error and injustice on 25 January 2021, 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.  Petitioner enlisted in the Navy and began a period of active duty on 21 May 2002.  On 19 March 2003, Petitioner received nonjudicial punishment for failure to obey a lawful order by wrongfully consuming alcohol beverages while under the age of 21.    
 
    d.  On 17 March 2005, Petitioner submitted a request for separation from the Navy, stating that he is a homosexual and that he felt his lifestyle was incompatible with military service. 
 
    e.  On 24 March 2005, Petitioner was notified of administrative separation proceedings against him on the basis of a homosexual admission.  Petitioner’s Commanding Officer recommended that Petitioner receive an honorable characterization of service. 
 
    f.  On 27 May 2005, Petitioner was discharged from the Navy on the basis of homosexual admission, received a general characterization of service, and a reentry (RE) code of RE-4. 
 
    g.  Petitioner requests an upgrade to his discharge characterization from a general characterization of service to an honorable.  Petitioner states that the Department of Defense has instructed military services to change discriminatory characterizations to reflect an honorable characterization of service. 
 
    h.  Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the DADT repeal of 10 U.S.C. 654, reference (b).  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: 
 
The Board considered Petitioner’s request for a change to his Certificate of Release or Discharge from Active Duty (DD Form 214) and noted that Petitioner was discharged on the basis of a homosexual admission, and Petitioner’s conduct and behavior were not associated with any aggravating factors.  The Board found that applying reference (c) to Petitioner’s request is appropriate.  The Board noted that in light of reference (c) and in consideration of Petitioner’s Commanding Officer’s recommendation that he receive an honorable discharge, Petitioner is entitled to an upgrade to his discharge characterization to reflect an honorable characterization of service, a change to his narrative separation reason to reflect “Secretarial Authority,” a change to his SPD code, and a change to his reenlistment code. 
 
Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concluded that Petitioner’s request warrants corrective action to include that Petitioner’s DD Form 214 should be upgraded to reflect an honorable discharge, changed to reflect a narrative reason for separation of “Secretarial Authority,” a separation authority of “MILPERSMAN 1910-164, an SPD code of “JFF,” and a reenlistment code of RE-1J. In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 27 May 2005, Petitioner was issued an honorable discharge by reason of “Secretarial Authority,” that his SPD code is “JFF,” his separation authority is “MILPERSMAN 1910-164,” and his RE code is RE-1J.  
 
That Petitioner be issued a new DD Form 214.   
 
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.