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

Docket No: 631-17 
JUL  2017 

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

Ref: (a) 1O U.S.C. 1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c) UNSECDEF Memo of20Sep11 (Correction ofMilitary Records Following Repeal of 10 U.S.C. 654) 

Encl: (1) DD Form 149 (NR20170000) with attachments 
      (2) Case summary 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, filed enclosure (I) with this Board requesting correction to his Certificate of Release or Discharge from Active Duty, to include consideration ofhis narrative reason for separation, a change to his separation code of "HRA," and a change to his "RE-4" reenlistment code. Enclosures (1) and (2) apply.
 
2. The Board, consisting of      ,
reviewed Petitioner's allegations of error and injustice on 17 April 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(!) 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. Petitioner enlisted in the Navy and began a period ofactive duty on 18 October 1979. On 17 November 1981, he made a written admission of homosexual conduct. Subsequently, he was notified ofproposed administrative separation by reason of misconduct and homosexual conduct. He did not consult with counsel and waived his right to an administrative discharge board. On 4 January 1982, his commanding recommended a general discharge by reason ofmisconduct and engaging in homosexual acts. 

d. On 17 February 1982, Petitioner was discharged with an honorable characterization of service, with a separation authority of MILPERSMAN 3420189, a separation code of"HRA," a narrative reason of"Homosexuality-Engaged in Attempted to Engage in or Solicited Another to Engage in a Homosexual Act or Acts," and an RE-4 code. 

e. Reference (c) sets forth the Department ofthe Defense's current policies, standards, and procedures for correction of military 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 characterization of service to "honorable," narrative reason for discharge to "secretarial authority," SPD code to "JFF ,"and reenlistment code to "RE-IJ," 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 ofrecord, and especially in light ofreferences 
(b) and (c), the Board concludes that Petitioner's request warrants full relief. In this regard, the Board notes Petitioner's overall record ofmilitary service and current Department ofthe Defense policy as established in references (b) and (c), that relief in the form of his narrative reason changed to "Secretarial Authority." Additionally, that his SPD code changed to "JFF," reenlistment code changed to "RE-IJ," and separation authority changed to read "MILPERSMAN 1910-164." 

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

RECOMMENDATION: 
That Petitioner's naval record be corrected to show that on 17 February 1982, he was issued an "honorable" discharge by reason of"Secretarial Authority." Additionally, that his SPD code was "JFF," reenlistment code was "RE-IJ," and the separation authority was "MILPERSMAN 1910-164." 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
That a copy of this report ofproceedings 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 24 January 2017. 

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

Executive Director