Docket No: 8847-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
      
 
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 
 (d) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency    Determinations,” of 25 July 2018 
     
Encl:  (1) DD Form 149 with attachments 
    (2) Case summary 
     
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 that her naval record be corrected by upgrading the characterization of service, changing the narrative reason for separation and separation authority to “secretarial authority,” and changing the RE-4 reentry code to RE-1 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 19 February 2021 and, pursuant to its regulations, determined 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 review the application on its merits.  
 
 c. Petitioner enlisted in the Navy on 11 August 1999.  On 18 April 2003, she received nonjudicial punishment for disobeying a lawful order by engaging in sexual activity aboard ship.  Subsequently, Petitioner was notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and homosexual conduct.  After she waived her procedural rights, Petitioner’s commanding officer recommended administrative separation by reason of misconduct and homosexual conduct with an other than honorable (OTH) character of service.  The discharge authority concurred and directed Petitioner’s discharge with an OTH character of service by reason of misconduct due to commission of a serious offense.  Petitioner was discharged on 20 May 2003 with an OTH character of service and assigned a RE-4 (not recommended for reenlistment) reentry code. 
 
      d. Petitioner contends she was discharged for engaging in conduct that “amounted to nothing more than a homosexual admission.”  As a result of her discharge, Petitioner further contends she has suffered mentally, suppressed her sexual orientation, hid her affiliation with the Navy, and refused to identify as a veteran despite devoting nearly four years of her life to serving her country.  She desires to “clear her good name” and stop living “with the shame associated with her OTH discharge.”   
 
      e.  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: 
 
Upon review and consideration of all the evidence of record, and especially in light of references (b) through (d), the Board concludes Petitioner’s request warrants relief.  The Board noted Petitioner’s record supports that she was solely discharged on the basis of homosexuality with no aggravating factors.  
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 and new discharge certificate indicating the characterization as “honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” separation authority as “MILPERSMAN 1910-164”, and reentry code as “RE-1J”.   
 
No further changes be made to Petitioner’s record. 
 
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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.