DEPARTMENT OF THE NAVY 

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

Docket No. 8167-17 
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 
      10 U.S.C 654) (Correction of military records following repeal of 

Encl: (1) DD Form 149 with attachments 
      (2) Case summary 
      (3) Subject's naval record (excerpts) · 

I. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, 
filed ericlosure (1) with this Board requesting, in effect, that his "other than honorable conditions 
discharge" be changed to "honorable", the narrative reason for separation "homosexuality," 
separation program designator (SPD) "HKC," 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 ofyour 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, and 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 (I) was not filed in a timely manner, it is in the interest ofjustice 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 January 1953. On 
11 July 1956, he made a written statement admitting to being homosexual prior to his discharge. 
As a result ofthe foregoing, admiuistrative discharge action was initiated. After being afforded 
all ofhis procedural rights, it was directed that he receive an other than honorable conditions 
discharge by reason ofhomosexual acts. On 29 August 1956, he was so discharged. 

d. Reference (c) sets forth the Department ofthe 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 of service to "general" or "honorable," 
narrative reason for discharge to "secretarial authority," SPD code to "JFF," and reentry code to 
"RE-lJ," 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 of record, and especially in light ofreferences 
(b) and (c), the Board concludes that Petitioner's request warrants relief. In this regard, his 
character of service should be changed to "honorable", the narrative reason for separation be 
changed to read "secretarial authority", SPD code be changed to "JFF", and reenlistment code be 
changed to "RE-lJ". 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 29 August 1956, his character of 
service should be changed to "honorable", the narrative reason for separation be changed to read 
"secretarial authority", SPD code be changed to "JFF", and reenlistment code be changed to 
"RE-lJ". Additionally, that the separation authority be changed to read "MILPERSMAN 1910
164." 

That Petitioner be issued a new Certificate ofRelease 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 of Veterans Affairs be informed that Petitioner's application 
was received by the Board on 16 September 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. 
Recorder 

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


Executive Director