DEPARTMENT OF THE NAVY 

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

Docket No: 296-17 
JAN 16 2018 

From: Chairman, Board for Correctfon 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     (b) 10 U.S.C. §654 (repealed) 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 of 20 Sep 11 (Correction of Military Records Following Repeal 
      of 10 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 characterization of service be changed to 
honorable. He also impliedly requested that the separation authority "BUPERS WASH DC 
" ," separation code "GRA," reentry code "RE-4" and narrative reason for 
discharge "Homosexual Conduct Acts" be changed on his Certificate of Release or Discharge 
from Active Duty (DD Form 214. Enclosures (1) through (3) apply. 

2. The Board, consisting of Mr.    , reviewed Petitioner's 
allegations oferror and injustice on 4 December 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 ofthe 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    , Petitioner, at 0350 in the morning, was arrested by civil authorities in an 
adult theater. An officer testified he personally witnessed him engaging in a homosexual act 
with another male in the seating section of the adult theater. He was charged with lewd conduct. 
Petitioner subsequently pled No Contest to a lesser charge of Loud Noise. 

d. On      , Petitioner was notified he was being administratively separated from the 
naval service by reason of homosexuality as evidence by a homosexual act on        . 
Subsequently, administrative discharge action was initiated on       . After being 
afforded all of his 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. However, recommended he be retained on active duty. 

e. On      , his commanding officer forwarded his strongest recommendation for 
retention to the separation authority, Chief of Naval Personnel (CNP) stating has 
served the United States Navy in a truly outstanding manner for 15 years and is among the finest 
sailors in the Navy today. He was recently selected as the NROTC Consortium Sailor of the Year for 
   ." Additionally, he concurred with the ADB that he did engage in 
homosexual conduct, that such an act was a departure from his usual and customary behavior, 
and such an act was unlikely to recur. 
CNP forwarded a recommendation to administrative separated Petitioner with a general 
discharge. On     , the Assistant Secretary ofthe Navy (Manpower and Reserve 
Affairs) approved the recommendation to separate him with general discharge. 

g. The Petitioner in part stated that he is embarrassed that the organization he gave so much to 
cut ties on an alleged act that did not occur. He also stated that his discharge has caused him 
personal and public humiliation especially during employment interviews. 

h. 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-I 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 Acts, the Board noted that record clearly 
reflects that he was arrested for lewd conduct and that the     Officer testified that he 
personally witnessed the petitioner oral copulating another male. 

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, the Board concluded that the 
Petitioner's request warrants partial relief. The Board concluded.that the General 
characterization ofservice, regardless ofthe sexual orientation or gender, was appropriate issued 
based on the overall misconduct and arrest. 

Partial relief is warranted in accordance with reference (b) and (c) and that his separation 
authority be changed to read "MILPERSMAN 1910-164," separation code code be changed to 
"JFF," reentry code be changed to "RE-IJ," and the narrative reason for separation be changed to 
"secretarial authority." His character ofservice will remain general under honorable conditions. 

In view ofthe 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 ofRelease or Discharge from Active Duty (DD Form 214). 

That no further action be granted. 

A copy of this report of proceedings be filed in Petitioner's naval record. 

Upon request, the Department of Veterans Affairs be informed that Petitioner's application was 
received by the Board on 9 January 2017. 

4. It is certified that a quorum was present at the Board's review and deliberations, and that the 
foregoing is true and complete record of the Board's proceeding in the above entitiled 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 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 ofthe Navy. 

Executive Director