DEPARTMENT OF THE NAVY 

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

DocketNo: 1200-17 


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

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 1O U.S.C. 1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c) UNSECDEF Memo of20Sepl I (Correction of Military Records Following Repeal of 
     10 U.S.C 654) 

Encl: (!)DD Form 149 with attachments 
      (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) with this Board requesting, in effect, that her narrative reason for separation 
"Homosexual" be changed to "Secretarial Authority", that her "HRA" Separation Program 
Designator (SPD) and RE-4 (not recommended for retention) reentry code be changed. Petitioner 
further requests to have her time ofactive service amended to show she served for two years. 
Implicit in this request is that change also be made to her separation authority. Enclosures (1) 
through (3) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and iajustice on 15 March 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 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 inthe Navy and began a period ofactive duty on 15 December 1980. 
Petitioner made a statement admitting to her participation in homosexual conduct. As a result of 
the foregoing, administrative discharge action was initiated. After being afforded all ofher 
procedural rights, it was directed that Petitioner receive an honorable discharge by reason of 
homosexual admission. On 24 September 1982, Petitioner was discharged. 

d. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and 
procedures for correction of military 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 of service 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: 

Upon review and consideration ofall the evidence ofrecord, and especially in light ofreference 
(b) and (c), the Board concludes that Petitioner's request warrants partial relief. In this regard, 
her narrative reason for separation be changed to read "secretarial authority", SPD code be 
changed to "JFF", and reenlistment code be changed to "RE-IJ". Additionally, the separation 
authority be changed to read "MILPERSMAN 1910-164 ." 

The Board did note Petitioner's desire to have her time in service adjusted to two years to be 
eligible for certain veteran's benefits, but her time in service shall remain unchanged. The U.S. 
Department of Veterans Affairs (VA) determines eligibility for post-service benefits, not the BCNR. 
There is no requirement or law that grants constructive service credit solely on the issue of obtaining 
veterans benefits and this issue does not serve to provide a foundation upon which the Board can 
grant relief. 

The Board noted that normally a DD Form 215 would be issued to correctthe 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: 

a. That Petitioner's naval record be corrected to show that on 24 September 1982, 
Petitioner's 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." 

b. That Petitioner be issued a new DD Form 214. 

c. That no further relief be granted. 

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

e. That, upon request, the Department ofVeterans Affairs be informed that Petitioner's 
application was received by the Board on 6 February 2017. 

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. 
Recorder 

5. Pursuant to the delegation ofauthority 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary of the Navy. 

Executive director