DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TAL Docket No: 355-18 MAR 09 2018 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF EX- Ref: (a) 10 U.S.C. 1552 (b) 10 U.S.C. 654 (Repeal) ( c) UNSECDEF Memo of20Sepl 1 (Correction ofMilitary Records Following Repeal of 10 u.s.c 654) Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record (excerpts) 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Navy, filed enclosure (1) with this Board requesting, in effect, that his narrative reason for separation "Homosexuality Admission" be changed to "Secretarial Authority'', that his Separation Program Designator (SPD) and RE-4 (not recommended for retention) reentry code be changed. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 28 February 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 oflirnitatfons and review the application on its merits. c. Petitioner reenlisted in the Navy on 18 November 1988 after more than two years of prior service. He was not the subject ofany disciplinary action during his eruistrnent. Petitioner made a statement admitting professing participation in homosexual conduct. As a result ofthe foregoing, Subj: REVIEW NAVAL RECORD OF EX- administrative discharge action was initiated. After being afforded all of his procedural rights, it was directed that Petitioner receive an honorable discharge by reason ofhomosexual admission. On 5 October 1990, Petitioner was discharged. d. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and procedures for correction ofmilitary 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 (I) based solely on DADT or a similar policy that preceded DADT, and (2) there are no aggravating factors in the record, such as misconduct. CONCLUSION: After considering enclosures (1)-(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 ofchanging Petitioner's narrative reason for separation to "secretarial authority," SPD code to "JFF," reenlistment code to "RE-IJ," and separation authority to "MILPERSMAN 1910-164." The Board noted that normally aDD Form 215 would be issued to correct the record. However, issuing a new DD Form 214 will allow the Petitioner to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions about personal matters. RECOMMENDATION: That Petitioner's naval record be corrected to show that on 5October1990, Petitioner's narrative reason for separation was "secretarial authority," the SPD code assigned was "JFF," the reenlistment code was "RE-IJ," and the separation authority was "MILPERSMAN 1910-164." The Board also directed that he shall be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). That a copy of this report ofproceedings shall be filed in Petitioner's naval record. That, upon request, the Department of Veterans Affairs shall be informed that Petitioner's application was received by the Board on 27 December 2017. 4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction of Naval Records (32 Code of Federal 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 above entitled matter. 2 Subj: REVIEW NA VAL RECORD OF EX 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 ofthe Navy. Executive Director 3