DEPARTMENT OF THE NAVY 

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

Docket No: 192-17 

JAN 1 6 2018 

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

Subj: REVIEW OF NAVAL RECORD OF FORMER 

Ref: (a) 10 U.S.C. §1552 
     (b) 10 U.S.C. §654 (repealed) 
     (c) UNSECDEF memo of20 Sep 11 (Correction of Military Records Following Repeal 
     oflO U.S.C. §654) 
Encl: (1) DD Form 149 w/enls 
      (2) Case Summary 
      (3) Subject's naval record (excerpts) 

I. Pursuant to the provisions ofreference (a), Petitioner, a former    , 
filed enclosure (1) with this Board requesting that his reentry code "RE-4" be changed on his 
Certificate ofRelease or Discharge from Active Duty (DD Form 214). He also implied that the 
separation authority "MILPERSMAN 3630400," separation code "GRA," and narrative reason 
for discharge "Homosexaual Act" be changed. Enclosures (1) through (3) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 4 December 2017, and pursuant to its regulations, 
determined that the corrective action indicated belowshould be taken on the available evidence 
ofrecord. Documentary material considered by the Board consisted of the enclosures, relevant 
portions ofPetitioner's 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. On , he received nonjudicial punishment (NJP) for sodomy. 

Subsequently, administrative discharge action was initiated on . After being afforded. all ofhis procedural rights,
he elected to have his case heard before an administrative 
discharge board (ADB). On     , an ADB found he had committed misconduct 
by engaging in homosexual conduct, and recommended he be honorably discharged. His 
commanding officer concurred with the ADB's findings and recommendation that he be 
honorably discharge. He stated, in part, that such acts were a departure from his usual and 
customary behavior and such acts were unlikely to recur. He did not have the propensity or 
intent to engage in homosexual acts. His conduct could not be tolerated and was detrimental to 
good order and discipline. 

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-1 J ," when the original 
discharge was based solely on DADT or a similar policy in place prior to enactment, and there 
are no aggravating factors in the record, such as misconduct. Although Petitioner was 
administratively process for homosexual conduct, the separation authority directed that he be 
discharged due to homosexual conduct. 

CONCLUSION: 

Upon review and consideration ofall the evidence of record, the Board concluded that the 
Petitioner's request warrants favorable action in the form ofrelief. 

The Board concludes that based upon his record ofservice, to include his NJP, although 
aggravating, and current Department ofthe Navy policy as established in reference (b) and (c), 
that relief in the form of his narrative reason for separation be changed to "secretarial authority," 
separation code be changed to "JFF," reentry code be changed to "RE-IJ," and the separation 
authority be changed to read "MILPERSMAN 1910-164." 

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

RECOMMENDATION: 

Petitioner's naval record be corrected to show that on the separation authority 
was "MILPERSMAN 1910-164." 

Petitioner's narrative reason for discharge be changed to "secretarial authority", separation code 
be changed to "JFF" and reentry code be changed to "RE-IJ." 
Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
That no further action be granted. 
A copy ofthis report ofproceedings be filed in Petitioner's naval record. 

Upon request, the Department ofVeterans Affairs be informed that Petitioner's application was 
received by the Board on. 

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) ofthe revised Procedures ofthe 
Board for Correction of Naval 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 
behalf ofthe Secretary of the Navy. 

Executive Director