DEPARTMENT OF THE NAVY 

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


Docket No: 8932-16 
JAN 30 2017 

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) 10 U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF memo of20 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 his narrative reason for discharge 
"homosexuality-stated he or she is a homosexual or bisexual" and his "RE-4" (ineligible for 
reenlistment) reentry code be changed. Additionally, he impliedly requested that his program 
designator code (SPD) "HRB," and the separation authority "MILPERSMAN 3630400 CO 
NAVHOSPBFT 1910-012 DTD 29JAN90" be changed. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 6 January 2017, and pursuant to its regulations, determined 
that the partial 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 ofthe Navy. 

b. Although enclosure(!) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute of limitations and review the application on its merits.
 
c. Petitioner enlisted in the Navy and began a period ofactive duty on 27 May 1988. On 
23 January 1990, he voluntarily provided a sworn statement admitting to engaging in 
homosexual acts with a civilian. In view ofthe foregoing, administrative separation action was 
initiated. After consulting counsel, he waived his procedural rights. The discharge authority 
directed separation.with an honorable characterization ofservice by reason ofhomosexuality, 
and on 31 January 1990, he was so discharged. 

d. 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-I J ," when the original 
dischat_g1e was based solely on DADT or a similar policy in plabe prior to enactment ofit, and 
there ate no aggravating factors in the record, such as miscondhct. 

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light ofreferences 
(b) and (c), the Board concluded that the Petitioner's request warrants favorable action in the 
form ofrelief. In this regard, the Board noted that Petitioner was discharged with an honorable 
characterization of service, and there were no aggravating factors. Thus, the narrative reason for 
separation shall be changed to "secretarial authority" and the reenlistment code to "RE-IJ." 
Additionally, the SPD code changed to "JFF," and the separation authority changed to read 
"MILPERSMAN 1910-164." 

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

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that, on 31 January 1990, the narrative 
reason for separation was "secretarial authority" and the reenlistment code was "RE-IJ." 

Additionally, the SPD code was "JFF," and the separation authority was "MILPERSMAN 1910164." 
b. That Petitioner be issued a new Certificate ofRelease or Discharge From Active Duty (DD 
Form 214). 

c. That a copy ofthis report ofproceedings 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 5 October 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 of the Board's proceedings in the above entitled matter. 


5. Pursuant to the delegation of authority set out in Section 6(e) ofthe 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 ofreferdnce (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 


Executive Director