DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAL Docket No: 1698-18 APR 2 9 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. 1552 (b) Public Law 111-321 (Don't Ask, Don't Tell Repeal Act of2010) (c) UNSECDEF Memo OF 20Sep11 (Correction ofMilitary Record following Repeal of 10 u.s.c. 654) Encl: (1) DD Form 149 with attachments. (2) Case summary (3) Subject's naval record I. Pursuant to the provisions ofreference (a), Petitioner filed enclosure (1) with this Board requesting, that her "under other than honorable" (OTH) discharge be changed per references (b) and ( c ). Implicit in this request is that changes also be made, consistent with reference ( c ), to the narrative reason for separation, Separation Program Designator (SPD), Reenlistment (RE) Code, and separation authority indicated on Petitioner's discharge from the military. 2. The Board, consisting of and , reviewed Petitioner's allegations oferror and injustice on 28 March 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 ofthe enclosures, naval records, 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 oflimitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period ofactive duty on I 0 January 2001. On 5 July 2001, Petitioner made a statement admitting to her participation in homosexual conduct. As a result ofthe foregoing, administrative discharge action was initiated. After being afforded all ofher procedural rights, it was directed that Petitioner receive an OTH discharge by reason ofhomosexual admission. On 26 July 2001, Petitioner was discharged. d. Reference ( c) sets forth the Department of 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 ofNaval Records with guidance for granting requests to change the characterization of service 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 simil.ar policy that preceded D ADT, and (2) there are no aggravating factors in the record, such as misconduct. CONCLUSION: After considering enclosures (1) through (3), Petitioner's overall record ofmilitary service, and the law and policy established in references (b) and ( c ), 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-IJ," and separation authority to "MARCORSEPMAN 6214 ." RECOMMENDATION: a. That Petitioner's naval record be corrected to show that on 26 July 2001, 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-IJ," and the separation authority was "MARCORSEPMAN 6214." b. That Petitioner should be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). c. That a copy ofthis report of proceedings be filed in Petitioner's naval record. d. That, upon request, the Department of Veterans Affairs will be informed that Petitioner's application was received by the Board on 27 February 2018. · 4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 abol: enti: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 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary of the Navy. Executive Director 3