DEPARTMENT OF THE NAVY 

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

Docket No. 2232-17 
APR 1O 2017 
From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD 
Ref: (a) Title IO 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 with attachments 
     (2) Case summary 
     (3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, 
filed enclosure (1) with this Board requesting, in effect, that his "Other Than Honorable (OTH)" 
discharge be changed to an "Honorable" per reference (b ). He also requested that his narrative 
reason for separation and separation authority "388-Paragragh 13266.2a ...homosexual acts," 
separation program designator (SPD)," and reenlistment code "RE-4" code be changed per 
reference (b). Enclosures (1)through (3) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 29 March 2017 and, pursuant to its regulations, determined 
that the 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 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 of the 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 Marine Corps and began a period ofactive duty on 6 January 1965. 

On 2 May 1966, Petitioner made a written statement admitting to being and engaging in 
homosexual acts while in service. As a result ofthe foregoing, administrative discharge action was 
initiated. After being afforded all ofhis procedural rights, it was directed that he receive an other 
than honorable discharge (OTH) by reason of homosexual acts. On 28 June 1966, he was 
discharged from the service on the aforementioned basis. 

d. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and 
procedures for correction ofmilitary records following the repeal of "Don't Ask, Don't Tell" 
(DADT) (reference (b )). It provides the Board for Correction of Naval 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 of all the evidence ofrecord, and especially in light of references 

(b) and (c), the Board concludes that Petitioner's request warrants partial relief. In this regard, 
his narrative reason for separation be changed to read "secretarial authority". Additionally, the 
Board ruled that the separation authority be changed to read "MILPERSMAN 1910-164." 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 provide proof of military service, 
without being subject to otherwise invasive questions about personal matters. Additionally, 
based on the record ofthe applicant, the Board considered the proper characterization ofthe 
applicant was OTH and ruled that this characterization of service of the applicant shall remain. 
In view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 28 June 1966, his narrative 
reason for separation be changed to read "secretarial authority". Additionally, that the separation 
authority be changed to read "MILPERSMAN 1910-164." 

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

c. That no further relief be granted. 

d. That a copy of this report of proceedings 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 8 March 2017. 

4. Pursuant to Section 6(c) of the revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code of Federal 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 of the Board's proceedings in the above entitled matter.

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


Executive Director