DEPARTMENT OF THE NAVY BOARD FOR CORRECTJON"OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket Nd: 326-17 APR 17 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: , 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) I. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, filed enclosure (1) with this Board requesting that his narrative reason for discharge be changed. Enclosures (1) through (3) apply. · 2. The Board, consisting reviewed Petitioner's allegations of error and injustice on 23 February 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 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 of limitations and review the application on its merits. c. On 16 November 1988, Petitioner reenlisted in the Navy after a break in service. As a result ofhis admission to engaging in homosexual acts with civilians, administrative discharge action was initiated and it was recommended that he receive a characterization of service type warranted by service record by reason ofhomosexuality -admission. After being afforded all of his procedural rights, he wa.s so discharged with an honorable characterization ofservice on 11 December 1989 d. 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 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-lJ," 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 ofreferences (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 ofhis narrative reason for separation be changed to "secretarial authority," separation code be changed to "JFF," and the separation authority be changed to read "MILPERSMAN 1910164." 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 11 December 1989, his narrative reason for separation was "secretarial authority," the separation authority was "MILPERSMAN 1910-164," his separation code be changed to "JFF," and reentry code be changed to "RE-lJ". b. That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). c. That a copy ofthis report ofproceedings 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 10 January 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. 5. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 ofthe Secretary of the Navy. Executive Director