DEPARTMENT OF THE NAVY 

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

Docket No: 2518-17 

APR 1 2017 

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

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) IO 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 with attachments 
      (2) Case summary 
      (3) Subject's naval record 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1) with this Board requesting, in effect, that his narrative reason for separation 
"Homosexuality-engaged in, attempted to engage in, or solicited another to engage in a 
homosexual act or acts," separation program designator (SPD) "HRA," and "RE-4" reenlistment 
code be changed per reference (b). Additionally, the separation authority "MILPERSMAN 
3630400 and CNMPC MSG 181845Z NOV 85," be changed. Enclosures (I) through (3) apply. 

2. The Board reviewed Petitioner's allegations of error and injustice on 11 April 2017 and, 
pursuant to its regulations, determined that the corrective action indicated below should be taken 
on the available evidence ofrecord. 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 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 (I) 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 on 7 January 1983. As a result of a Naval Investigative 
Services investigation, Petitioner admitted that he was bisexual. As a result of the foregoing, 
administrative discharge action was initiated: After being afforded all ofhis procedural rights, it 
was directed that he receive an honorable discharge by reason ofhomosexuality. On 11 December 
1985, he was discharged. 

d. Reference (c) sets forth the Department ofthe Navy'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 the guidance to grant 
requests to change the characterization ofservice to "honorable," narrative reason for discharge 
to "secretarial authority," SPD code to "JFF," and reentry code to "RE-IJ," 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 of record, and especially in light of reference 
(b) and (c), the Board concludes that Petitioner's request warrants relief. In this regard, his 
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 "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 11 December 1985, he was 
assigned SPD code "JFF", his narrative reason for separation was "secretarial authority," and 
was assigned an "RE-lJ" reenlistment code. Additionally, that the separation authority was 
"MILPERSMAN 1910-164" 

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

c. That no further relief be granted. 

d. That a copy of this report ofproceedings be filed in Petitioner's naval record. 

e. That, upon request, the Department of Veterans Affairs be informed that Petitioner's 
application was received by the Board on 20 March 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 of the Secretary of the Navy. 


Executive Director