DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2394-17 
OCT 09 2017 
From: Chainnan, Board for Correction of Naval Records 
To: Secretary ofthe Navy 

Ref: (a) 10 U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF memo of 20 Sep 11 (Correction of Military 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 of reference (a), Petitioner, a fonner enlisted member of the Navy, filed enclosure (I) with this Board requesting that his undesirable discharge be upgraded. Enclosures (1) through (3) apply. 

2. The Board, consisting of                    , reviewed Petitioner's 
allegations oferror and injustice on 2 June 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 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 of the Navy. 

b. Although enclosure ( 1) 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. On 27 June 1961, Petitioner enlisted in the Navy. The administrative record is incomplete and does not contain a copy of Petitioner's voluntary statement of admission ofhomosexual acts and tendencies. As a result of hi s admission to engaging in homosexual acts, administrative discharge action was initiated, and it was recommended he be separated with an undesirable discharge. After being afforded all ofhis procedural rights, Petitioner was separated with an undesirable discharge by reason ofunfitness on 12 June 1962. 

d. Reference (c) sets forth the Department ofthe Defense's current policies, standards, and procedures for correction of military records following the "Don't Ask, Don't Tell" (DADT) Repeal of 10 U.S.C. 654. It provides Discharge Review Boards with the guidance to grant requests to change the narrative reason for discharge to "secretarial authority," SPD code to "JFF," re-characterize the discharge to honorable, and reenlistment code to "RE-I J,"when the original discharge was based solely on DADT or a similar policy in place prior to enactment of it, and there are no aggravating factors in the record, such as misconduct. 

CONCLUSION : 

Upon review and consideration ofall the evidence ofrecord, and especially in light of references 
(b) and (c), the Board concludes that Petitioner's request warrants favorable action in the form of relief. 

The Board concludes that based upon his record ofservice, that relief should be granted in the form of his characterization ofservice being changed to "honorable", his narrative reason for separation be changed to "secretarial authority," separation code be changed to "JFF," the separation authority be changed to read "MILPERSMAN 1910-164'', and his reentry code be changed to "RE-IJ'', recommended for reenlistment. 

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

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 12 June 1962 his characterization ofservice was "honorable", his narrative reason for separation was "secretarial authority," the separation authority was "MILPERSMAN 1910-164," his separation code be changed to "JFF", and his reentry code be changed to "RE-lJ", recommended for reenlistment. 

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

c. That a copy of this report of proceedings be filed in Petitioner's naval record. 

d. That no further relief be granted. 

e. That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 20 September 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) of the revised Procedures ofthe 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 
behalfof the Secretary of the Navy. 

Executive Director