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

Docket No: 457-17 
JAN 09 2018 

From: Chairman, Board for Correction 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     (b) 10 U.S.C. §654 (repealed) 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 of20 Sep 11 (Correction of Military Records Following Repeal 
      of I 0 U.S.C. §654) 

Encl: (1)DD Form 149 w/enls 
      (2) Case Summary 
      (3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former      , 
filed enclosure (1) with this Board requesting that her characterization ofservice be changed 
honorable on her Certificate of Release or Discharge from Active Duty (DD Form 214). She 
also impliedly requested that the separation authority " 
," separation code "HRA," reentry code "RE-4" and narrative reason for 
discharge "HOMOSEXUAL CONDUCT ACTS" be changed per reference (b) and (c). 
Enclosures (I) through (3) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 20 October 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 of 
Petitioner'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 of justice to 
waive the statute oflimitations and review the application on its merits. 

c. Petitioner enlisted in the Navy and began a period ofactive duty on      .
On she submitted a voluntary statement admitting to being bisexual. She stated that she 
had engaged in homosexual acts with a civilian woman and intends to continue engaging in 
homosexual acts with her. She added that she did not want to get into trouble and just wanted to 
get away. In view of the foregoing, administrative separation action was initiated by reason of 
homosexual conduct. After being afforded all of her procedural rights, she received a general 
discharge on     .

d. Reference ( c) sets forth the Department of the 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-IJ," 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 homosexuality and misconduct, the separation authority directed 
that she be discharged due to misconduct. 

CONCLUSION: 

Upon review and consideration ofall the evidence of record, especially in light of references (b) 
and (c), the Board concluded that the Petitioner's request warrants favorable action in the form of 
relief. 

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

RECOMMENDATION: 

Petitioner's naval record be corrected to showthat on     , she received an honorable discharge. 

The separation authority be changed to "MILPERSMAN 1910-164." 

The separation code be changed to "JFF." 

The reentry code be changed to "RE-1." 

The narrative reason for discharge be changed to "Secretarial Authority." 

Petitioner be issued a new DD Form 214. 

That no further action be granted. 

A copy ofthis report ofproceedings 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 18 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 of the Board's proceedings in the above entitled matter . 

5. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures of the 
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 ofthe Navy. 

Executive Director