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

Docket No. 2726-17 
JUL 21 2017  

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


Ref:  (a) Title 10 U.S.C. §1552 
(b) 10 U.S.C. §654 (Repealed) 
(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 ofthe Navy, filed enclosure (I) with this Board requesting, in effect, that.the narrative reason for separation "homosexuality-stated he or she is a homosexual or bisexual" be changed and separation program designator (SPD) "HRB," and reenlistment code "RE-4" code be changed per reference (b ). Implicit in this request is that change also be made to separation authority "MILPERSMAN 3630400." Enclosures (1) through (3) apply. 

2. The Board reviewed Petitioner's allegations oferror and injustice on 24 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 (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 Navy and began a period ofactive duty on 21 July 1982. Petitioner's Official Military Personnel File (OMPF) shows that he received non-judicial punishment on two occasions for being on unauthorized absence on 24 February 1983 for sixteen days and 27July1983 for twenty-two days. There was no written statement admitting to being homosexual prior to being discharged in Petitioner's OMPF. However, as a result ofthe foregoing, administrative discharge action was initiated. After being afforded all procedural rights, it was directed that he receive an honorable discharge by reason ofhomosexuality. On 11 August 1983, he was so discharged. 

d. Reference ( c) sets forth the Department of the 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 ofservice 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 of references . 
(b) and ( c ), the Board concludes that Petitioner's request warrants 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-lJ". The separation authority should 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 obtain various benefits, services and employment without being subject to otherwise invasive questions about personal matters. 
In view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that on 11 August 1983, his narrative reason 
for separation be changed to read "secretarial authority," SPD code be changed to "JFF", 
reenlistment code be changed to "RE-1J," and the separation authority be changed to 
"MILPERSMAN 1910-164." 

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

That no further relief be granted. 

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

That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application 
was received by the Board on 20 March 2017. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 

5. Pursuant to the delegation ofauthority set out in Section 6( e) ofthe 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. 


Executive Director