DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
ED Docket No. 3573-17 

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title l0 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(b) 10 U.S.C. §654 (Repealed) 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: (l) DD Fonn 149 with attachments 
(2) Case summary 
(3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a fonner enlisted member of the Navy, filed enclosure (I) with this Board requesting, in effect, that his other than honorable (OTH) discharge be changed to an honorable per reference (b). He also requested that bis narrative reason for separation, separation authority, separation program designator (SPD), and reenlistment code be changed per reference (b). Enclosures (1) through (3) apply. 

2. The Board reviewed Petitioner's allegations of error and injustice on 19 June 2017 and, pursuant to its regulations, detennined 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 of the Navy. 

b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 

c. Petitioner enlisted in the Navy and began a period of active duty on 15 November 1988. On 23 March 1989, the Petitioner received nonjudicial punishment (NJP) for two specifications of dereliction ofduty. On 17 May 1991, he received a second NJP for committing sodomy aboard ship. As a result of the foregoing, administrative discharge action was initiated. After being afforded all of his procedural rights, it was directed that he receive an other than honorable discharge by reason of homosexuality. On 3 July 1991, he was so discharged. 

d. Reference (c) sets forth the Department ofthe Defense's current policies, standards, and procedures for correction of military records following the repeal of"Don' t Ask, Don' t Tell" (DADT). It provides the Board for CotTection of Naval 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-I J ," 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 of all the evidence ofrecord, and especially in light ofreferences 
(b) and (c), the Board concludes that Petitioner's request warrants partial relief. Due to the misconduct and aggravating factors, sodomy on board ship, Petitioner's characterization of service shall remain as an other than honorable condition discharge. However, his narrative reason for separation should be changed to read "secretarial authority" and the separation authority should be changed to read "MILPERSMAN 1910-164." The Board noted that no1mally a DD Form 2 15 would be issued to correct the record. However, issuing a new DD Form 214 will allow the Petitioner to provide proof of military service, without being subject to otherwise invasive questions about personal matters. 

ln view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 3 July 1991, his narrative reason for separation be changed to read "secretarial authority" and that the separation authority be changed to read "MILPERSMAN 1910-164." 

b. That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 2 14). 

c. That no further relief be granted. 

d. That a copy ofthis 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 19 April 2017. 


4. Pursuant to Section 6(c) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code of Federal 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 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 CorTection ofNaval Records (32 Code of Federal 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 of the Secretary of the Navy. 

Executive Director