DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5431-16 
AUG 22 2016 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 
Ref: (a) 10 U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF Memo of20 Sep 11 (Correction ofMilitary Records Following Repeal 
of 10 U.S.C. 654) 
Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Subject's naval record 

1. Pursuant to the provisions ofreference (a), Petitioner filed enclosure (1) with this Board 
requesting, that his general discharge be changed per references (b) and (c). Implicit in this 
request is that changes also be made, consistent with reference ( c ), to the narrative reason for 
separation, Separation Program Designator (SPD), Reenlistment (RE) Code, and separation 
authority indicated on Petitioner's discharge from the military. 

2. The Board, consisting of and reviewed Petitioner's 
allegations of error and injustice on 20 July 2016 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 ofthe enclosures, 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, the Board found it was in the 
interest ofjustice to waive the statute oflimitations and consider the petitioner's request on its 
merits. 

c. Petitioner enlisted in the Navy and began a period of active duty on 29 December 1998. 
After being afforded his procedural rights, Petitioner made a voluntary statement admitting that 
he is a homosexual or bisexual. As a result of the foregoing, administrative discharge action was 
initiated. After being afforded all ofhis procedural rights, it was directed that he receive a 
general discharge by reason ofhomosexual conduct admission. On 5 October 2000, Petitioner 
was so discharged. 

d. Reference ( c) sets forth the Department of the Defense's current policies, standards, and 
procedures for correction ofmilitary records following the repeal of"Don't Ask, Don't Tell" 
(DADT) (reference (b)). It provides the Board for Correction ofNaval Records with guidance 
for granting requests to change the characterization ofservice to "general" or "honorable," 
narrative reason for discharge to "secretarial authority," SPD code to "JFF," and reentry code to 
"RE-IJ," when the original discharge was (1) based solely on DADT or a similar policy that 
preceded DADT, and (2) there are no aggravating factors in the record, such as misconduct. 

CONCLUSION: 

After considering enclosures (1)-(3), Petitioner's overall record ofmilitary service, and the law 
and policy established in references (b) and ( c ), the Board concludes that Petitioner's request 
warrants relief in the form ofchanging Petitioner's characterization ofservice to "honorable," 
the narrative reason for separation to "secretarial authority," SPD code to "JFF", reenlistment 
code to "RE-IJ," and separation authority to "MILPERSMAN 1910-164." The Board noted that 
normally a DD Form 215 would be issued to correct the record. However, issuing a new DD 
Form 214 will allow the Petitioner to obtain various benefits, services, employment, etc., without 
being subject to otherwise invasive questions about personal matters. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 5 October 2000, Petitioner's 
characterization of service was "honorable," the narrative reason for separation was "secretarial 
authority," the SPD code assigned was "JFF," the reenlistment code was "RE-IJ," and the 
separation authority was "MILPERSMAN 1910-164." The Board also directed that he be issued 
a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). 

b. That a copy of this report ofproceedings be filed in Petitioner's naval record. 

c. That, upon request, the Department ofVeterans Affairs be informed that Petitioner's 
application was received by the Board on 16 June 2016. 

4. Pursuant to Section 6(c) of the revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code ofFederal Regulations, Section 723.6(c) 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 ofNaval 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 ofthe Navy. 


Executive Director