From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER              
 
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 with attachments 
  
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting, that his character of service be changed.  Implicit in this request is that changes also be made to his narrative reason for separation, the separation program designator (SPD), reenlistment code (RE), and separation authority indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 4 December 2019 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, naval 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 the enclosure was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and review the application on its merits. 
 
     c.  Petitioner enlisted in the Navy and began a period of active duty on 19 September 1979.  The record shows that through an investigation and a medical evaluation, Petitioner made a statement admitting to participation in homosexual conduct.  As a result of the foregoing, 
Petitioner was notified of an administrative action to separate him from the naval service because of misconduct due to homosexual acts.  Petitioner was advised of, and waived, his procedural 
rights, including his right to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board (ADB).  The commanding officer (CO) recommended administrative discharge from the naval service.  Prior to the discharge authority’s decision, on 19 May 1980, Petitioner received non-judicial punishment (NJP) for assault.  The discharge authority directed administrative discharge from the naval service with an other than honorable (OTH) characterization of service for misconduct due to homosexual acts.  On 12 June 1980, Petitioner was so discharged. 
 
     d.  Petitioner contends that he was told at the time the only option for homosexual acts was discharge.  Additionally, he was young and had never been faced with homosexuality.  He knows it was the biggest mistake he ever made.  Since his discharge, he has been married for 36 years and has four children.  He has no doubt that he would either still be in the Navy or would have retired if this injustice had not happened. 
 
     e.  Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the “don’t ask, don’t tell” (DADT) repeal of 10 U.S.C. 654.  It provides service Discharge Review Boards with guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment of it and there are no aggravating factors in the record, such as misconduct. 
 
CONCLUSION: 
 
After considering the enclosure, Petitioner’s overall record of military service, and the law and policy established in the references, the Board concludes that Petitioner’s request warrants relief in the form of changing Petitioner’s characterization of service to “Honorable,” the narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to 
“RE-1J,” and separation authority to “MILPERSMAN 1910-164.” 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
That Petitioner’s naval record be corrected to show that on 12 June 1980, Petitioner’s characterization of service was “Honorable,” the narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” the separation authority was “MILPERSMAN 1910-164.” 
 
It is further directed that Petitioner 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 4 November 2018. 
 
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 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.