DEPARTMENT OF THE NAVY 

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

ED 
Docket No. 1027-18 

APR 0 9 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(b) 10 U.S.C. §654 (repealed) 
(c) UNSECDEF memo of20 Sep 11 (Correction ofmilitary records following repeal of 
10 U.S.C. §654) 
Encl: (!)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 (I) with this Board requesting, in effect, that his "other than honorable discharge" 
(OTH) be changed to "honorable", the narrative reason for separation "Homosexuality ...", 
separation program designator (SPD) "HRA," and reenlistment code "RE-4" code be changed 
per reference (b ). Enclosures (1) through (3) apply. 
2. The Board, consisting of , reviewed Petitioner's 
and 
allegations oferror and injustice on 26 February 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 ofyour 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 15 November 2004. On 
16 February 2006, the Petitioner received nonjudicial punishments (NJP) for two specifications of 
being unauthorized absence totaling 29 days. 

d. On 6 March 2006, a 
wrote a statement witnessing the Petitioner kissing another service member ofthe same,sex. Therefore, on 24 March 2006, Petitioner's Commanding Officer provided notice ofproposed separation processing and Petitioner acknowledged waiving all procedural rights. On 12 June 2006, he was so discharged with an Other than Honorable character ofservice by reason of homosexual act. 

e. 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 of Naval 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 ofall the evidence ofrecord, and especially in light of references 
(b) and ( c ), the Board concludes that Petitioner's request warrants partial relief and the character of service shall only be upgraded to a General under Honorable Collditions character ofservice based on Petitioner receiving an NJP for two specifications ofbeing UA totaling 29 days. The Board determined that his narrative reason for separation should be changed to read "secretarial 
authority", and SPD code changed to "JFF". The reentry code of"RE-4" shall remain the same 
based on Petitioner receiving an NJP for two specifications ofbeing UA totaling 29 days. 
Additionally, the Board determined that the separation authority should 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, plus employment, 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 June 2006, his character ofservice 

should be changed to a "General under Honorable Conditions", the narrative reason for 

separation be changed to read "secretarial authority," SPD code be changed to "JFF," and the 

separation authority be changed to read "MILPERSMAN 1910-164." That Petitioner's reentry 

code of"RE-4" shall remain the same. 

That Petitioner be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 
214). 

That no further reliefbe granted. 

That a copy ofthis 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 December 2017. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code of Federal 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 

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