DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6713-17 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 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 (2) Subject's naval record (DD Form 214) 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, filed enclosure ( 1) with this Board requesting that the narrative reason for discharge and reentry code be changed on his Certificate of Release or Discharge From Active Duty (DD Form 214). Additionally, he impliedly requested that the program designator code (SPD) and the separation authority be changed. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 21 August 2017 and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted ofthe enclosures, relevant portions of Petitioner's naval records, and applicable statutes, regulations and policies. Enclosures (1) and (2) apply. 3. The Board, having reviewed all the facts of record 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. Petitioner enlisted in the Navy and began a period of active duty on 20 March 2001. After admitted to being homosexual, administrative separation action was initiated by reason of homosexuality. After being afforded all ofhis procedural rights, his Commanding Officer recommended an Honorable discharge. The separation authority concurred with the recommendation and directed separation by reason of homosexual conduct admission. On 1 March 2002, he received an Honorable discharge and was assigned an RE-4 reentry code. c. Reference (c) sets forth the Department ofthe 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-I J ," when the original discharge was based solely on DADT or a similar policy in place prior to enactment ofit, and there are no aggravating factors in the record, such as misconduct. Upon review and consideration ofall the evidence ofrecord, and especially in light of references (b) and (c), the Board concluded that the Petitioner's request warrants favorable action in the form ofrelief. In this regard, the Board noted that the sole basis for discharge was homosexuality. Thus, the narrative reason for discharge, the SPD code, the separation authority, and the reentry code shall be changed. RECOMMENDATION In view ofthe above, the Board directs the following corrective action. Petitioner's naval record be corrected by issuing a new DD Form 214 to show that, on 1 March 2002, the narrative reason for separation was "secretarial authority," the SPD code was "JFF," the reenlistment code was "RE-I," and the separation authority was "MILPERSMAN 1910-164." A copy of this report of proceedings be filed in Petitioner's naval record. Upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received by the Board on 8 August 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe Board for Correction of Naval Records (32 Code of Federal 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 of the Secretary of the Navy. Executive Director