DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0749-17 MAR 12 2017 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF , 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) 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 her characterization of service be changed to Honorable per references (b) and ( c ). Implicit in this request is that changes also be made to the narrative reason for separation, Separation Program Designator (SPD), Reenlistment Code (RE), and separation authority indicated on Petitioner's discharge from the military. Enclosures (2) and (3) apply. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 22 February 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 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. Although enclosure (I) was not filed in a timely manner, the Board found it was in the interest ofjustice to waive the statute of limitations and consider the petitioner's request on its merits. c. Petitioner enlisted in the Navy and began a period ofactive duty on . The record reflects that the Petitioner submitted a statement indicating that she hoped the military would make her straight. As a result ofthe foregoing, administrative discharge action was initiated. After being afforded all ofher procedural rights, it was directed that Petitioner receive an uncharacterized discharge by reason of homosexual conduct admission. On Petitioner was so discharged. d. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and procedures for correction of military 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 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 of changing Petitioner's characterization of service to honorable, narrative reason for separation to "secretarial authority," SPD code to "JFF," reenlistment code to "RE-IJ," and separation authority to "MILPERSMAN 1910-164." 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. RECOMMENDATION: a. That Petitioner's naval record be corrected to show that on , Petitioner's characterization of service read as Honorable, 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." The Board also directed that she be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). b. That no other relief be granted. c. That a copy ofthis report ofproceedings be filed in Petitioner's naval record. d. That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received by the Board on 4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is true and complete record of the Board's proceeding in the above entitiled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe Board for Correction ofNaval 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director