DEPARTMENT OF THE NAVY BOARD FOR CORRECTIO OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON VA 22204-2490 YTC Docket No: 351 1 JUN 2 5 2018 From: To: Chairman, Board for Correction of Secretary ofthe Navy 'aval Records Subj: REVIEW OF 1AVAL RECORD OF FORt\lfER 5 U.S.C. 552(b)(6) 5 U.S.C. 552(b)(6) Ref: (a) 10 U.S.C. 1552 (b) I0 U.S.C. 654 (Repeal) (c) UNSECDEF Memo of20 Sep 11 (Correction of Military Record Following Repeal of 10 U.S.C. 654) Encl: (I) DD Fon11 149 ) (2) Case summary I. Pursuant to the pro vi ions ofreference (a) Petitioner, a fom1er enlisted member ofthe 'avy, filed enclosure (1) with this Board requesting a change to his narrative reason for separation from "Homosexuality -Admission" to "Medical." Enclosure (2) applies. 2. The Board, consisting of 5 U.S.C. 552(b)(6) , reviewed Petitioner's allegations of error and injustice on 14 May 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 of the enclosures. relevant portions of his naval service records, and applicable statute , 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 ( I) was not filed in a timely manner, it is in the interest ofjustice to \ aive the statute oflimitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 7 August 1986. Petitioner was discharged on 6 March 1987, on the basis of"Homosexuality-Admission," and recei\·ed an honorable characterization of service, a separation (SPD) code of"HRB," separation authority of "MILPERSMA 3630400,"and a reenlistment (RE) code of RE-4. d. Petitioner's service record indicate that he was absent without authorization from 2 to 17 February 1987. His record also indicate that on 6 ~larch 1987, he acknowledged that he was not eligible for reenlistment due to an admi sion of homosexuality. e. Petitioner contend that he was injured on the USS CAPE COD (AD 43). and that he should have received a medical discharge. He asks that his narrative reason for separation be changed from "Homosexuality -Admission" to "Medical." f. 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 I0 U.S.C. 654. It provides service Discharge Reviev-.r Boards \Vith guidance to grant requests to change the characterization ofservice 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 of it and there are no aggravating factors in the record, such as misconduct. g. The Board considered Petitioner's contention that he is entitled to a medical separation, but found that the information in his record and the evidence he submitted in his application do not establish that he sustained an inju1") onboard the USS CAPE COD (AD-43) that me1ited a medical administrative separation. The Board noted that Petitioner's record supports that Petitioner wa discharged on the basis of an admission to homosexuality. The Board detennined that applyi11g reference (c) to Petitioner's request is appropriate given that he appears to have been separated under the DADT policy guidelines. The Board noted that in light of reference (c), Petitioner is entitled to a change to his naiTative separation reason to reflect "Secretarial Authority." Furthem1ore. the Board concl uded that pursuant to the current guidance, Petitioner is entitled a change to his separation authority, his SPD code and his RE code. Conclusion: Upon review and consideration .of all the evidence of record. and especially in light of references (b) and (c), the Board concludes that Pet itioner's request warrants partial relief. Although Petitioner does not appear to be entitled to a medical separation, Petitioner's application falls under the purviev vv of reference (c). The Board notes Petitioner's overall record of military service and current Department of the Defense policy as estab lished in references (b) and (c), and finds that Petitioner's DD Form 214 should be changed to reflect an RE code of RE-lJ a narrative reason of "Secretarial Authority," a separation authority of ·'MlLP ERSMA 1910164," and an SPD code of "JFF." In view of the above, the Board directs the following corrective action. RECOMMENDATION : That Petitioner's naval record be corrected to show that on 6 March 1987, he was issued an honorable discharge by reason of "Secretarial Authority," that his SPD code was "JFF," his separation authority is "MlLPERSMAN 1910-164," and his RE code is RE-IJ. lt is further 2 Subj: REVIEW OF NAVA L RECORD OF FO RMER 5 U.S.C. 552(b)(6) 5 U.S.C. 552(b)(6) 5 U.S.C. 552(b)(6) 5 U.S.C. 552(b)(6) directed that he be i ued a new Certificate of Release or Discharge from Active Duty (DD Form 214). That a copy of this report of proceeding be filed in Petitioner's naval record. That. upon request. the Department of Veterans Affair be infonned that Petitioner's application was received by the Board on 27 December 2017. 4. Pursuant to Section 6(c) of the revised Procedure of the Board for Correction of 1aval Records (32 Code ofFederal Regulations, Section 723.6(c) it i certified that a quorum was present at the Board 's review and deliberation , and that the forego ing i a true and complete record of the Board's proceedings in the above entitled matter. 5 U.S.C. 552(b)(6) 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedure of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with it provisions, it is hereby announced that the foregoing corrective action. taken under the authority of reference (a), ha been approved by the Board on behalf of the Secretary of the !avy. Executive Director 3