DEPARTMENT OF THE NAVY 

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

Docket No. 5515-17 
NOV 0 9 2017 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: -REVIEW NAVAL RECORD OF 

Ref: (a) Title 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     (b) 10 U .S.C. §654 (repealed) 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 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 (1) with this Board requesting, in effect, that his "other than honorable discharge" 
(OTH) be changed to "general under honorable conditions", the narrative reason for separation 
"Homosexuality ... " and separation program designator (SPD) "GRA-890" 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, consisting of 
reviewed Petitioner's allegations of error and injustice on 31 July 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 of your application, together with all 
material submitted in support thereof, relevant portions of your naval record and applicable 
statutes, regulations and policies. 

3. The Board, having reviewed.all the facts of record pertaining to Petitioner's allegations of 
error and injustice; finds as follows:

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 ofjustice 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 5 September 1980. On 9 
December 1981 and 19 November 1982, the Petitioner received nonjudicial punishments for 
unauthorized absence, missing movement and indulgence in intoxicating liquor which 
incapacitated him for the proper performance of his duties. 

d. On 25 December 1982, the Petitioner was accused by another shipmate ofbeing fondled 
while asleep. 

e. 19 January 1983, Petitioner's Commanding Officer provided notice of proposed separation 
processing. On 16 February 1983, the Administrative Discharge Board adjourned and voted 3 to 
0 finding the Petitioner guilty of sodomy and recommended that Petitioner receive an "other than 
honorable" discharge by reason of homosexual acts. On 23 May 1983, he was so discharged. 

d. Reference (c) sets forth the Department of the Defense's current policies, standards, and 
procedures for correction ofmilitary 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 of service to "general" or "honorable," 
narrative reason for discharge to "secretarial authority," SPD code to "JFF," and reentry code to 
"RE-lJ," 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 of references 

(b) and ( c), the Board concludes that Petitioner's request warrants partial relief and the character 
ofservice shall remain an other than honorable because the Board found aggravating factors in 
the record. The Board determined that his narrative reason for separation should be changed to 
read "secretarial authority", and SPD code changed to "JFF". Additionally, the Board 
determined that 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, plus 
employment, without being subject to otherwise invasive questions about personal matters. 
In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that on 20 April 1984, his narrative reason 
for separation be changed to read "secretarial authority," SPD code be changed to "JFF," reentry 
code be changed to "RElJ" and the separation authority be changed to  "MILl'ERSMA"Ni 910=1ozt."

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

That no further relief be granted. 

That a copy ofthis report of proceedings 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 21 June 2017. 

4. Pursuant to Section 6(c) of the revised Procedures ofthe Board for Correction of Naval 
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 
record ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6( e) of the revised Procedures of the 
Board for Correction of Naval 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 of reference.( a), has been approved by the Board on 
behalf of the Secretary of the Navy. 

Executive Director