DEPARTMENT OF THE NAVY 

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

Docket No. 9073-17 
FEB 2 6 2018 

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

Subj: REVIEW NAVAL RECORD OF FORMER MEMBER 

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 "general under honorable 
conditions discharge" be changed to "honorable", the narrative reason for separation 
"misconduct commission ofa serious offense," separation program desigoator (SPD) "HKQ," 
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 3630600." Enclosures (1) through 
(3) apply. 

2. The Board, consisting of                          , reviewed 
Petitioner's allegations oferror and injustice on 29 January 2018 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, and 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 of active duty on 20 June 1985. 

On 27 July 1987, an investigation conducted by Naval Investigative Service revealed Petitioner 
provided a voluntary statement admitting to being a homosexual. Thereafter on 30 August 1987, 
Petitioner received nonjudicial punislunent (NJP) for disrespectful language towards a Third Class Petty 
Officer. As a result ofthe foregoing, on 15 October 1987, Petitioner's Commanding Officer's 
comments state that Petitioner made a written statement admitting to being homosexual and 
recommended discharge for homosexuality and administrative discharge action was initiated. 
Furthermore, on 29 December 1987, Petitioner signed statement ofawareness that he was being 
considered for an administrative discharge by reason ofmisconduct due to commission ofa serious 
offense as evidenced by the NJP received of 30 August 1987 and admitting to being a homosexual 
during the NIS investigation. After being afforded all ofhis procedural rights, it was directed that 
he receive a General under Honorable conditions discharge by reason ofmisconduct commission 
ofa serious offense. On 29 January 1988, 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-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 

The Board notes Petitioner's misconduct that resulted in receiving an NJP and does not condone 
his actions. However, 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 character ofservice 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-!J". Additionally, that the separation 
authority be changed to read "MILPERSMAN 1910-164." The Board noted that normally aDD 
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 January 1988, 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-IJ". Additionally, that the separation authority be changed to read "MILPERSMAN 1910164." 

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 3 November 2017. 

4. Pursuant to Section 6(c) ofthe 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 ofFederal 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