DEPARTMENT OF THE NAVY 

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

Docket No: 6961-16 
DEC 12 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 
(2) Case summary 
(3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1 ), requesting that his "other than honorable" characterization of service be 
upgraded. He impliedly requested the narrative reason for discharge "homosexuality-engaged in, 
attempted to engage in, or solicited another to engage in·a homosexual act ot acts," the program· 
designator code (SPD) "HRA/888," the reentry code "RE-4" and the separation authority 
"MILPERSMAN 3630400" be changed. 

2. The Board, consisting of , and , reviewed 
Petitioner's allegations of error and injustice on 24 October 2016, and pursuant to its regulations, 
determined that the partial 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 oflimitations and review the application on its merits. 

c. Petitioner enlisted in the Navy and began a period ofactive duty on 20 August 1985. 
During the course ofa Naval Criminal Investigative Service (NCIS) investigation, Petitioner 
admitted in a sworn detailed statement thathe was a homosexual, that he had engaged in 
homosexual acts with other service members, and had solicited another to engage in homosexual 
acts while on board . On 5 September 1986, Petitioner received nonjudicial 
punishment (NJP) for wrongful attempted sodomy, wrongful commission ofan indecent act, and 
wrongful solicitation to commit oral sodomy. In view ofthe foregoing, administrative separation 
action was initiated. After waiving his procedural rights, his commanding officer recommended 
an other than honorable (OTH) discharge based on "clear evidence to support a finding that the 
aggravating circumstances ...exist." The discharge authority concurred with the recommendation 
and directed an OTH discharge by reason ofhomosexuality, and on 19 September 1986, he was 
so discharged. 

e. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and 
procedures for correction ofmilitary 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," recharacterize 
the discharge to honorable, and reenlistment code to "RE-lJ," when the original 
discharge was based solely on DADT or a similar policy in place prior to enactment ofit, and 
there are no aggravating factors in the record, such as misconduct. Misconduct includes, but is 
not limited to, homosexual conduct where the service member attempted, solicited, or committed 
a homosexual act in the following circumstances: (a) by using force, coercion, cir intimidation, 
(b) with a subordinate in circumstances that violate customary military superior-subordinate 
relationships, (c) aboard a military vessel or aircraft, and (d) in another location subject to 
military control that have an adverse impact on discipline,,good order, morale comparable to
the impact ofsuch activity aboard a vessel or aircraft.

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light ofreferences 
(b) and ( c ), the Board concludes that the Petitioner's request warrants favorable action in the 
form ofpartial relief. In this regard, his narrative reason for separation shall be changed to 
"secretarial authority" and the SPD code to "JFF." Additionally, the separation authority shall be 
changed to read "MILPERSMAN 1910-164." The Board was not willing to upgrade his 
characterization ofservice or change his reentry code. In this regard, the Board found that, 
based primarily on Petitioner's sworn statement and his commanding officer's comments, that 
Petitioner's homosexual conduct and solicitation ofothers to commit homosexual acts aboard the 
USS AMERICA was an aggravating factor that was "extremely detrimental to good order and 
discipline and not in the Navy's best interest." 
In view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that, on 19 September 1986, the 
narrative reason for separation was "secretarial authority," that he was assigned SPD code "JFF." 
Additionally, that the separation authority was "MILPERSMAN 1910-164." 

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

c. That no further relief be granted. 

d. That a copy ofthis report ofproceedings be filed in Petitioner's navalrecord. 

e. That, upon request, the Department ofVeterans Affairs be informed that Petitioner's 
application was received by the Board on 5 August 2016. 

4. Pursuant to Section 6(c) ofthe 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 ofthe Board's proceedings in the above entitled matter. 

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

Executive Director