DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3173-18 OCT 01 2018 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER Ref: (a) 10 U.S.C. 1552 (b) 10 U.S.C. 654 (Repeal) (c) UNSECDEF Memo of 20 Sep 11 (Correct of 10 U.S.C. 654 Correction of Military Records Following Repeal Encl: (1) DD Form 149 (NR20180003l73) (2) Case summary I. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, filed enclosure ( 1) with this Board requesting her characterization of service be changed to honorable. Enclosures (1) and (2) apply. 2. The Board, consisting of (Majority), (Minority), and (Majority), reviewed Petitioner's allegations of error and injustice on 7 June 2018, and, pursuant to its regulations, determined the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions ofher naval service 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 of the Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty service on 17 October 1984. d. Based on Petitioner's statement that she had attempted to participate in a homosexual act onboard Naval Air Station, , her Commanding Officer (CO) initiated administrative discharge action by reason of homosexuality. After waiving all her procedural rights, her CO recommended an other than honorable {OTH) discharge by reason of homosexuality. The discharge authority approved this recommendation but directed a characterization ofservice warranted by service record. e. Petitioner was discharged from the Navy on 26 March 1985 with an uncharacterized entry level separation because she had not attained 180 days of continuous active military service. f. Reference (c) sets forth the Department ofthe Defense's current policies, standards, and procedures for correction ofmilitary 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-IJ," when the original discharge was based solely on DADT or a similar policy in place prior to enactment ofit and there are no aggravating factors in the record, such as misconduct. MAJORITY CONCLUSION Upon review and consideration ofall the evidence of record, and especially in light of references (b) and (c), a majority of the Board concludes Petitioner's request warrants partial relief. The majority of the Board noted Petitioner's record supports that she was discharged on the basis of an admission to homosexuality, with no aggravating factors surrounding her discharge, but since Petitioner had served less than 180 days, the majority concluded the record does not support an honorable characterization ofservice. MAJORITY RECOMMENDATION: In view ofthe above, the Board directs the following corrective action. That Petitioner's Naval record be corrected to show that on 26 March 1985,' she was discharged under "MILPERSMAN 1910-164", the narrative reason for separation was "secretarial authority", "JFF" was the separation code, and "REl-J" was the reentry code. It is further directed that she 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 16 April 2018. MINORITY CONCLUSION: Upon review and consideration of all the evidence ofrecord, and especially in light of references (b) and (c), the minority agrees with the majority that Petitioner's request warrants relief but disagrees with the denial of Petitioner's requested honorable characterization of service. The minority member determined Petitioner would have remained on active duty for greater than 180 days if she had not been separated due to homosexuality. MINORITY RECOMMENDATION: That Petitioner's Naval record be corrected to show that on 26 March 1985, she was discharged with an "honorable" characterization of service under "MILPERSMAN 1910-164", the narrative reason for separation was "secretarial authority", "JFF" was the separation code, and "RE-1 J'' was the reentry code. It is further directed that she be issued a new Certificate 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 of Veterans Affairs be informed that Petitioner's application was received by the Board on 16 April 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. The foregoing action of the Board is submitted for your review and action. Executive Director Reviewed and approve MAJORIT Reviewed and approve MINORITY recommendation (Full-Honorable) Assistant General Counsel (M&RA)