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

Docket No: 612-16 
29 February 2016 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW 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) 
Encl: (1) DD Form 149 
(2) Case summary 
(3) Subject's naval record (excerpts) 

1. Pursuant to the provisions of reference (a)., Petitioner, a 
former enlisted member of the Navy, filed enclosure (1) with 
this Board requesting that the characterization of service 
"under other than honorable conditions," be changed per 
reference (b) . She impliedly requested that the narrative 
reason for separation "homosexuality-engaged in attempted to ,~ 
engage in, or solicited another to engage in a homosexual act or 
acts," the "RE-4" (not recommended for retention) reenlistment 
code, the Separation Program Designator (SPD) "HRA," and the 
separation authority " " be changed. 

2. The Board, consisting of 
reviewed Petitioner's allegations of error and injustice on 
19 February 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 of the 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, 
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, began a period of 
active duty on 25 November 1980, and served without disciplinary 
incident for about four years. However, following a Naval 
Criminal Investigative Service (NCIS) investigation into the 
allegations of Petitioner's homosexual conduct, Petitioner was 
recommended for discharge under other than honorable conditions 
due to homosexuality based on "particular and observed 
circumstances attendant with her homosexual liaison..." Further, 
on 21 February 1985, she received nonjudi·cial punishment for 
wrongly communicating a threat. 

d. On 29 March 1985, the discharge authority directed her 
discharge under other than honorable conditions by reason of 
homosexuality (homosexual acts). On 4 April 1985, she was so 
discharged and ~ssigned an RE-4 reentry code. 

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 narrative 
reason for.discharge to "secretarial authority," SPD code to 
"JFF," re-characterize the discharge to honorable, and 
reenli.stment code to "RE-lJ," 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) , the Board 
concludes that the Petitioner's request warrants favorable 
action in the form of relief. In this regard, her 
characterization of service shall be changed to "general, under 
honorable conditions," her SPD code changed to "JFF," 
reenlistment code changed to "RE-lJ," and the narrative reason 
for separation changed to "secretarial authority." 
Additionally, the separation authority shall be changed to read 

"MILPERSMAN 1910-164." The Board was is not willing to change 
her characterization of service to "honorable" given the 
seriousness of her misconduct which resulted in NJP based on her 
communicating a threat. 

In view of the above, the Board directs the following corrective 
action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show 
that, on 4 April 1985,· the characterization of service was 
"general, under honorable conditions," the narrative reason for 
separation was "secretarial authority," that she was assigned 
SPD code "JFF," and "RE-lJ" reentry code. Additionally, that 
the separation authority was "MILPERSMAN 1910-164."
 
b. That she be issued a new Certificate of Release or 
Discharge From Active Duty (DD Form 214) . 

c. That a copy of this report of proceedings be filed in 
Petitioner's naval record. 

d. That, upon request, the Department of Veterans Affairs 
be informed that Petitioner's application was received by the 
Board on 20 January 2016. 

4. Pursuant to Section 6(c) of the revised Procedures of the 
Board for Correction of Naval Records (32 Code of Federal 
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, 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. 


Executive Director