DEPARTMENT OF THE NAVY 

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

RLJ 
Docket No: 1624-18 

JUL 0 6 2018 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW AVAL 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 ofMilitary Record following Repeal 
of U.S.C. 654) 
Encl: (I) DD Form 149 with attachments 

(2) Case summary 
(3) Subject's naval record 
l. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, 
filed enclosure (I) with this Board requesting, in effect, that his narrative reason for separation 
"Homosexual Act" be changed. Enclosures ( J) through (3) apply. 
2. The Board consisting of , and reviewed Petitioner's 
allegations oferror and injustice on I May 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 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 ofthe Navy. 
b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute oflimitations and review the application on its merits. 
c. Petitioner enlisted in the Navy and began a period ofactive duty on 2 Oct 1990. 
d. On 15 May 1993, while on approved leave the Petitioner was charged by civilian 
authorities with 2nd degree sexual assault involving another male. The Petitioner notified his 
command of the pending civilian charges. On 15 June 1993, the Petitioner voluntarily 
participated in a polygraph examination. The results of the polygraph examination validated his 
assertion that he was involved in a consensual sexual act. On 6 July 1993, the Petitioner entered 
into a deferred prosecution agreement regarding the aforementioned charges. 

e. As a result ofthe foregoing, administrative discharge action was initiated on 18 August 
1993. After being afforded all of his procedural rights, the Petitioner elected to retain counsel 
and requested an Administrative Discharge Board (ADB). The ADB recommended an honorable 
character of service and that he be discharge by reason of homosexuality. On 22 November 
1993, he was discharged with an "honorable" character of service, "MPM 3630400 & BUPERS 
MSG 09 l 935Z NOV93" separation authority, "GRA" separation code, "RE-4" reentry code, and 
"homosexual act" narrative reason for separation. 
f. 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 te11·· (DADT) repeal 
of I 0 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-II," 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 ofrecord, and especially in I ight of references 

(b) and (c), the Board concludes that Petitioner's request warrants relief. The Board noted that 
Petitioner's record supports that Petitioner was discharged on the basis of an admission to 
homosexuality and there were no aggravating factors surrounding his discharge. 
In view of the above, the Board directs the following corrective action. 

RECOMMENDATIO : 

That Petitioner's aval record be corrected to show that on 22 November 1993, he was received 
an "honorable" character of service, "MILPERSMAN 1910-164" separation authority, "JFF" 
separation code, "RE 1-J" reentry code, and "secretarial authority" narrative reason for 
separation. 

It is further directed that he be issued a new Certjficate of Release or Discharge from Active 
Duty (DD Form 214). 

That a copy of this 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 22 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 U.S.C. 552(b)(6)
Recorder 

S. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures of the 
Board for Correction ofNaval Records (32 Code ofFederal 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 
behalfofthe Secretary ofthe Navy. 


Executive Director 

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