DEPARTMENT OF THE NAVY 

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

Docket No. 6516-17 
NOV 20 2011 
From: Chairman, Board for Correction of Naval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 
Ref: (a) Title 10 U.S.C. §1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c) UNSECDEF memo of20 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 of the Navy, 
filed enclosure (1) with this Board requesting, in effect, that his narrative reason for separation 
"Homosexuality" and separation program designator (SPD) "HRB" and reenlistment code "RE4" 
code be changed per reference (b ). Implicit in this request is that change also be made to 
separation authority "MILPERSMAN 3630400." Furthermore, Petitioner also requests the 
removal or redaction ofany entries connected to the Naval Investigative Service (NIS) 
investigation that discloses him participating in homosexuality that led to his discharge. 
Enclosures (1) through (3) apply. 

2. The Board, consisting of , reviewed 
Petitioner's allegations oferror and injustice on 6 September 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 ofyour 
application, together with all material submitted in support thereof, relevant portions ofyour 
naval record 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 limitation and review the application on its merits. 

c. Petitioner enlisted in the Navy and began a period ofactive duty on 11 July 1979. 
 
d. Between 1983 and 1984, an investigation took place by the Naval Investigative Services due 
to a complaint of homosexual solicitation revealed that the Petitioner admitted to homosexual acts 
with civilian partners on approximate six occasions since September of 1983. As a result of the 
foregoing, administrative discharge action was initiated. After being afforded all ofhis procedural 
rights, it was directed that he receive an "honorable" discharge by reason Homosexuality-Stated he 
is a homosexual or bisexual. On 20 April 1984, he was so discharged. 

e. Reference (c) sets forth the Department ofthe 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 narrative reason for discharge to "secretarial authority," SPD 
code to "JFF," and reentry code to "RE-IJ," when the original discharge was(!) 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 In this regard, 
the narrative reason for separation be changed to read "secretarial authority'', SPD code be 
changed to "JFF", and reenlistment code be changed to "RE-IJ". Additionally, that the 
separation authority be changed to read "MILpERSMAN 1910-164." The Board found no error 
or injustice in keeping the Commanding Officer's recommendation for separation comments 
referencing the NIS investigation and as a result felt it was not necessary to remove or redact any 
entries connected to the NIS investigation. 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, employment, etc., without being subject to 
otherwise invasive questions about personal matters. 

In view ofthe 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", and 
reentry code to "REIJ". Additionally, that the separation authority be changed to read 
"MILPERSMAN 1910-164." 

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

That no further relief be granted. 

That a copy ofthis report ofproceedings be filed in Petitioner's naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application 
was received by the Board on 1 August 2017. 

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

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

Executive Director