DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9608-17 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 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 (NR20170009608) (2) Case summary 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, a change to his character of service from other than honorable to general (under honorable conditions) as reflected on his Certificate of Release or Discharge from Active Duty (DD Form 214). Enclosures (1) through (2) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 14 February 2019, 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 the enclosures, relevant portions of his naval service 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 of the Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 2 February 1998. Petitioner served without disciplinary incident for four years. On 30 September 2002, Petitioner began a period of unauthorized absence (UA), and remained so absent until 11 November 2002. d. On 20 November 2002, Petitioner received nonjudicial punishment (NJP) for the period of UA from 30 September through 11 November 2002. e. On 3 December 2002, Petitioner was notified of administrative separation proceedings against him on the basis of Homosexual Conduct as evidenced by his own statement and by Misconduct- Commission of a Serious Offense. f. Commanding Officer, Submarine Support Unit recommended separation with an other than honorable characterization of service, and noted Petitioner’s NJP for the period of UA from September through November 2002. g. Petitioner was discharged from the Navy on 17 December 2002, on the basis of Misconduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4. h. On 7 November 2017, the Department of Veterans Affairs (VA) notified Petitioner that it found Petitioner’s service from 2 February 1998 through 17 December 2002 honorable for VA purposes and notes that Petitioner’s service is not a bar to VA benefits. i. Petitioner requests a change to his discharge characterization to “under honorable conditions” and notes the VA’s decision to characterize his service as honorable. Petitioner provides a personal statement in which he states he recently returned to school and VA benefits would be beneficial. j. Petitioner states that the NJP was an isolated incident in his four years of Naval service. He contends that he did well at the start of his enlistment while assigned to the out of , but he began to struggle on his subsequent assignment to the . He states that he was dealing with an intense work schedule onboard the and was having a crisis of his own sexuality. He contends that he was overcome by anxiety, sought assistance from the chaplain, and eventually was told by a judge advocate that he would be put in the brig. He states he was on the verge of suicide. CONCLUSION The Board considered Petitioner’s request for correction to his record and took into account the repeal of DADT as well as the mental strain that Petitioner states he was under at the time of his misconduct. The Board considered that Petitioner’s record supports that Petitioner was discharged in part on the basis of an admission to homosexuality, that he states he was struggling with his sexual identity at the time of his misconduct, and that his in-service conduct reflects one disciplinary incident. The Board determined that applying reference (c) to Petitioner’s request is appropriate given that Petitioner appears to have been separated in part due to his admission of homosexual conduct and tendencies. The Board noted that Petitioner did commit misconduct with a period of UA from 30 September 2002 through 11 November 2002, and that his administrative discharge was also initiated in consideration of the UA. In light of reference (c) and in consideration of the length of Petitioner’s period of UA, the Board found that Petitioner is entitled to an upgrade to his service characterization from other than honorable to general, but that his narrative separation reason of “Misconduct” and his RE-4 shall remain as they are supported by the period of UA. The Board noted that Petitioner was absent for over one month, and determined that in consideration of the length of the UA, that an honorable characterization of service is not warranted. The Board concluded that the upgrade should be limited to general (under honorable conditions). The Board noted that reference (c) does not direct the complete removal of all documents relating to an individual’s administrative separation due to his or her preference. The Board further concluded that no other changes should be made to Petitioner’s record, and that the information relating to Petitioner’s admission as well as the administrative separation processing prior to the issuance of his DD Form 214 should remain in the record for historical purposes. Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concludes that Petitioner’s request warrants relief and finds that Petitioner’s DD Form 214 should be changed to reflect a general characterization of service. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner’s naval record be corrected to show that on 17 December 2002, he was discharged with a general characterization of service. It is further directed that he be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). That a copy of this report of proceedings 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 20 November 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 of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.