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

Docket No. 8461-17 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe 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 ofmilitary 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) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, 
filed enclosure (1) with this Board requesting, in effect, that his "under other than honorable 
conditions" be changed to "honorable". Implicit in this request is that the narrative reason for 
separation "homosexual act," separation code (SPD) "HRA," reentry code "RE-4", and 
separation authority "MILPERSMAN 3630400" be changed per reference (b ). Enclosures (1) 
through (3) apply. 

2. The Board, consisting of                         , reviewed Petitioner's 
allegations oferror and injustice on 13 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 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 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 (1) 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 ofactive duty on 8 March 1994. On 
21 January 1998, as a result ofa preliminary investigation into the circumstances surrounding his 
homosexual conduct, Petitioner made a written statement admitting to being homosexual. As a 
result of the foregoing, he was notified ofadministrative discharge processing. He did not 
request counsel and waived his right to an administrative discharge board. On 27 February 1998, 
the commanding officer recommended Petitioner be separated with an honorable characterization 
ofservice by reason of homosexual conduct. On 8 April 1998, the discharge authority directed 
an under other than honorable conditions characterization ofservice by reason ofhomosexual 
misconduct acts, and on 21April1998, 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 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 (I) 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 ofall the evidence of record, the commanding officer's 
recommendation during 1998, and especially in light ofreferences (b) and (c), the Board 
concludes that Petitioner's request warrants full relief. The Board noted that normally a DD 
Form 215 would be issued to c0rrect 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 he received an "honorable" 
characterization of service by reason of"secretarial authority" on 21 April 1998. Additionally, 
he received an "RE-lJ" reentry code, "JFF" SPD code, and "MILPERSMAN 1910-164" 
separation authority. 

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 ofthis report ofproceedings be filed in Petitioner's naval record. 

That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application 
was received by the Board on 10 October 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 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 ofreference (a), has been approved by the Board on 
behalf of the Secretary ofthe Navy. 
 

Executive Director