DEPARTMENT OF THE NAVY 

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

Docket No. 6283-16 
AUG 11 2017 

From: Chairman, Board for Correction ofNaval Re'cords 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF EX-

Ref: (a) Title 10 U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF memo of20 Sep 11 (Correcti10 U.S.C 654) 
on ofmilitary records following repeal of 
Encl: (1)DD Form 149 with attachments 
(2) Case sununary 
(3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1) with this Board requesting, in effect, that his otherthan honorable discharge 
(OTH) be changed to honorable or a general (under honorable conditions). Implicit in this 
request is that change to his narrative reason for separation, separation program designator 
(SPD), and separation authority. Enclosures(1) through (3) apply. 

2. The Board, consisting of and. reviewed Petitioner's 
allegations oferror and injustice on 9 August 2017 and, pursuant to its regulations, determined 
that the corrective action indicated below should be taken on the available evidence ofrecord. 
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 ofrecord 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 ofthe Navy. 

b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute limitation and review the application on its merits. 

c. Petitioner enlisted in the Navy and began a period ofactive duty on 7 January 1981. During 
the period from 10 June 1982 to 11 March 1983, the Petitioner received nonjudicial punishment on 
three occasions for being absent from his appointed place ofduty, violation ofa written order, 
drinking alcohol in a restricted status, unauthorized absence (UA) totaling 31 days, and missing 
movement. 

d. On 31 May 1983, Petitioner was notified ofproposed administrative separation by reason of 
homosexuality and misconduct due to commission of a serious offense. Petitioner waived his right 
to counsel and an administrative discharge board. Subsequently, the commanding officer 
recommended an other than honorable characterization ofservice. 

e. On 8 July 1983, Petitioner was discharged with an other than honorable characterization of 
service by reason ofmisconduct, commission ofa serious military offense. 

f. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and 
procedures for correction ofmilitaryrecords 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 of service to "general" or "honorable," 
narrative reason for discharge to "secretarial authority," SPD code to "JFF," and reentry code to 
"RE-lJ," 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 

Upon review and consideration ofall the evidence ofrecord, and especially in light ofreferences 
(b) and ( c ), the Board concludes that Petitioner' krequest warrants relief. In tbis regard, his 
character ofservice should be changed to general (under honorable conditions), the narrative 
reason for separation be changed to secretarial authority, and SPD code be changed to JFF. 
Additionally, the separation authority be changed to read "MILPERSMAN 1910-164. The 
Board did not feel that Petitioner's character ofservice should receive an upgrade to honorable 
or his reentry changed because ofthe length ofUA and type ofhis other misconduct. 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. 
In view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that on 8 July 1983, his character ofservice 
should be changed to general (under honorable conditions), the narrative reason for separation be 
changed to secretarial authority, and SPD code be changed to JFF. Additionally, the separation 
authority be changed to MILPERSMAN 1910-164. 

That Petitioner be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 
214). 

That no further reliefbe granted. 

That a copy ofthis report ofproceedings be filed in Petitioner's naval record. 

That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application 
was received by the Board on 13 July 2016. 

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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6( e) of the revised Procedures of the 
Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf of the Secretary ofthe Navy. 


Executive Director