DEPARTMENT OF THE NAVY 

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

Docket o: 7141-17 
JUN 2 5 2018 
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy  

Subj : REVIEW OF NAVAL RECORD OF FORMER 


Ref: (a) 10 U.S.C. 1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Records Following Repeal 
      of 10 U.S.C. 654) 
Encl: (1) DO Form 149 (NR2017000714l) 
      (2) Case summary 

1. Pursuant to the provisions ofreferenee (a), Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1) with this Board requesting a change to his narrative reason for separation 
from "Homosexual Conduct Admission" to "Secretarial Authority." Enclosure (2) applies. 

2. The Board, consisting of            , reviewed Petitioner's 5 U.S.C. 552(b)(6)
allegations of error and injustice on 7 May 2018, 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 the enclosures, relevant portions of 
his naval service 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 ( l) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute of limitations and review the application on its merits. 

c. Petitioner enlisted in the Navy and served honorably from 14 February 1995 through 12 
April 1996. 

d. On 18 March 1996, Petitioner was notified of administrative separation proceedings against 
him on the basis of Petitioner's statement that he was homosexual or bisexual. Petitioner was 
informed of the possibility of an other than honorable discharge characterization. He waived his 
right to an administrative separation board and waived his right to consult with counsel. 

e. Message Traffic dated 28 March 1996, indicates that when Petitioner made the admission 
of homosexuality or bisexuality that he stated in part, "I feel compelled to tell you this for 
integrity reasons." The Message Traffic further indicates that Petitioner had made many 
attempts to obtain a discharge from the Navy and had become an administrative burden. 
Petitioner's Commanding Officer recommended a discharge under 

f. Petitioner was discharged from the Navy on 12 April 1996, with an honorable 
characterization of service on the basis of "Homosexual Conduct Admission" and received a 
reentry (RE) code of RE-4. 

g. Reference (c) sets forth the Department of the Defense's current policies, standards, and 
procedures for correction of military records following the "don' t ask, don' t tell" (DADT) repeal 
of I10 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-u" 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. 

h. The Board considered Petitioner's request for a change to his narrative reason for 
separation and noted that Petitioner was discharged solely on the basis of an admission to 
homosexuality or bisexuality. Although Petitioner's Commanding Officer indicate that 
Petitioner had become an administrative burden, the Board determined that his conduct and 
behavior were not associated with any aggravating factors. The Board determined that applying 
reference (c) to Petitioner·s request is appropriate given that he appears to have been separated 
under the DADT policy guidelines. The Board noted that in light of reference (c), Petitioner is 
entitled to a change to his narrative separation reason to reflect "Secretarial Authority.'· 

CONCLUSION : 

Upon review and consideration of all the evidence of record, and especially in light of references 

(b) and (c), the Board concludes that Petitioner's request warrants full relief. The Board notes 
Petitioner's overall record of military service and current Department of the Defense policy as 
established in references (b) and (c), and finds that Petitioner's Certificate of Release or 
Discharge from Active Duty (DD Form 2 14) should be changed to reflect a narrative reason of 
"Secretarial Authority." 

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

RECOMMENDATION: 

That Petitioner's naval record be corrected to show that on 12 April 1996. he was issued an 
honorable discharge by reason of 'Secretarial Authority,. that his SPD code was "JFF," his 
separation authority is "MILPERSMA 1910-164;· and his RE code is RE-1 J. 

That Petitioner be issued a new DD Form 214. 

That a copy of this report of proceedings 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 23 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 of the Board's proceedings in the abov-e entitled matter. 
5 U.S.C. 552(b)(6)
Recorder 

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

Executive Director