DEPARTMENT OF THE NAVY 

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

RLJ 
Docket No: 1304-18 

JUN 1 S 2018 

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

Subj: REVIEW NAVAL RECORD OF FORMER 

5 U.S.C. 552(b)(6)
, USN, 

5 U.S.C. 
552(b)(6)
Ref: (a) IO U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF Memo of20 Sep 11 (CoITection of Military Record following Repeal 
ofU.S.C. 654) 
Encl: (I) DD Form 149 with attachments 
(2) Case summary 
(3) Subject's naval record 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, 
filed enclosure (1) with this Board requesting, in effect, that his "Under Other Than Honorable 
Conditions" discharge be changed to Honorable, his narrative reason for separation 
"Homosexual Act" be changed to "Secretarial Authority", the separation authority from 
"MILPERSMAN 1910-148" to "MILPERSMAN 1910-164", Separation code changed from 
"HRA" to "JFF'', and Reentry code from "RE-4" to "RE-1 ". Enclosures (I) through (3) apply. 
2. The Board consisting of reviewed Petitioner's allegations oferror and injustice on 17 April 2018 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 ofhis application, together with all material submitted in support thereof, relevant portions of his naval record 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 ofjustice 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 service on 25 June 1999. 

d. On 5 December 2001, Petitioner was accused of sexual assaulting a fellow shipmate. 
During initial questioning Petitioner denied indecently/sexually assaulting his accuser. 
e. On 11 December 2001, both the Petitioner and his accuser admitted to consensual 
homosexual acts. As a result of the foregoing, administrative discharge action on the basis of 
homosexual conduct was initiated. 
f. On I 0 April 2002, Petitioner was discharged with an under other than honorable conditions 
character of service by reason of homosexual acts. 
g. References (b) and (c) set forth the Department of the Navy'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 the guidance to grant 
requests to change the characterization of service to "honorable," narrative reason for discharge to 
"secretarial authority," SPD code to "JFF," and reentry code to "RE-lJ," 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: 

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. In this regard, the 
Board noted Petitioner's overall record of military service and current Department of the Navy 
policy as established in reference (c), 
In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner's be issued a new Certificate of Release or Discharge from Active Duty (DD 
Form 214) to show that on 10 April 2002, he received an "honorable" character of service, 
"secretarial authority" narrative reason for separation, "RE-lJ" reentry code, "JFF" separation 
code, and "MILPERSMAN 1910-164" separation authority. 

That a copy of this report of proceedings 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 14 February 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) ofthe revised Procedures ofthe 
Board for Correction ofNaval 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. 



Executive Director 

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