DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8006-17 NOV 0 3 2017 From: Chairman, Board for Correction of Naval Records To: Secretary of the 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) I. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his narrative reason for separation "homosexuality statement," separation program designator (SPD) "HRB," and reenlistment code "RE-4" code be changed per reference (b ). Implicit in this request is that change also be made to separation authority "MILPERSMAN 3630400." Enclosures (1) through (3) apply. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 30 October 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 of your application, together with all material submitted in support thereof, relevant portions of your naval record 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 limitation and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 6 March 1986. On 4 March 1987, he made a written statement admitting to being homosexual prior to his discharge. As a result ofthe foregoing, administrative discharge action was initiated. After being afforded all of his procedural rights, it was directed that he receive an honorable conditions discharge by reason of homosexuality statement. On 20 March 1987, he 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 Upon review and consideration of all the evidence ofrecord, and especially in light ofreferences (b) and (c), the Board concludes that Petitioner's request warrants relief. In this regard, his 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 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 March 1987, his 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." That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). That no further relief be granted. That a copy of this report ofproceedings be filed in Petitioner's naval record. That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application 4. Pursuant to Section 6(c) of the 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 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 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 of reference (a), has been approved by the Board on behalf of the Secretary ofthe Navy. Executive Director