DEPARTMENT OF THE NAVY 

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

Docket No: 6783-17 
DEC 11 2017 

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

Subj: REVIEW NAVAL RECORD OF 


Ref: (a) 10 U.S.C. §1552 
     (b) Public Law 111-321 (Don't Ask, Don't Tell Repeal Act of 2010) 
     (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Record following Repeal of 
     IO U.S.C. §654) 

Encl: (I) DD Form 149 with attachments 
      (2) Case summary 
      (3) Subject's naval record 

1. Pursuant to the provisions ofreference (a), Petitioner filed enclosure (1) with this Board 
requesting, that his "under honorable" (General) discharge be changed per references (b) and (c). 
He also requests that changes also be made, consistent with reference ( c ), to the narrative reason 
for separation, Separation Program Designator (SPD), Reenlistment (RE) Code, and separation 
authority indicated on Petitioner's discharge from the military. 

2. The Board, consisting of              , reviewed Petitioner's 
allegations oferror and injustice on 8 November 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 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 of the Navy. 

b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to 
waive the statute of limitations and review the application on its merits. 

c. Petitioner reenlisted in the Navy on 21 June 1988 after more than two years of prior 
service. On 28 April 1989, Petitioner made a statement admitting to his participation in 
homosexual conduct. As a result of the foregoing, administrative discharge action was initiated. 
After being afforded all of his procedural rights, it was directed that Petitioner receive an under 
honorable conditions discharge by reason ofhomosexual admission. On 25 August 1989, 
Petitioner was so discharged. 

d. Reference (c) sets forth the Department of 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 ofservice to "general" or "honorable," 
narrative reason for discharge to "secretarial authority," SPD code to "JFF," and reentry code to 
"RE-IJ," 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: 

After considering enclosures (I) through (3), Petitioner's overall record ofmilitary service, and 
the law and policy established in references (b) and (c), the Board concludes that Petitioner's 
request warrants relief in the form ofchanging Petitioner's characterization ofservice to 
"honorable," the narrative reason for separation to "secretarial authority," SPD code to "JFF", 
reenlistment code to "RE-IJ," and separation authority to "MILPERSMAN 1910-164." 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 25 August 1989, Petitioner's 
characterization ofservice was "honorable," the narrative reason for separation was "secretarial 
authority," the SPD code assigned was "JFF," the reenlistment code was "RE-IJ," and the 
separation authority was "MILPERSMAN 1910-164." 

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

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

d. That, upon request, the Department of Veterans Affairs will be informed that Petitioner's 
application was received by the Board on 9 August 2017. 

4. Pursuant to Section 6(c) ofthe revised Procedures of the 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 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 ofNaval 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 ofthe Secretary ofthe Navy. 


Executive Director