DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON. VA 22204-2490 ED Docket No. 393-18 APR O 2 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF FORMER Ref: (a) Title 10 U.S.C. §1552 (b) 10 U.S.C. 654 (Repeal) ( c) UNSECDEF memo of20 Sep 11 (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 that the narrative reason for separation "Homosexuality-Engaged in or Attempted to Engage ...," separation program designator (SPD) "HRA," and reenlistment code "RE-4" code be changed per reference (b ). Implicit in this request is that change also be made to separation authority "MILPERSMAN 3630400." Enclosures (1) through (3) apply. 2. ·The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 12 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 ofyour 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 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 existinglaw 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 limitation and review the application on its merits. c. Petitioner enlisted in the Navy and began a period ofactive duty on 27June1983. On24 OCtober 1984, a Naval Investigative Service investigation reveals Petitioner's former spouse, a civilian non-military, reported that both Petitioner and spouse were both homosexual and the Subj: REVIEW NAVAL RECORD OF FORMER MEMBER marriage was arranged in order to provide a cover for Petitioner to disguise being. a homosexual. As a result ofthe foregoing, administrative discharge action was initiated. After being afforded all procedural rights, it was directed that Petitioner receive an honorable conditions discharge by reason ofhomosexuality-engaged in, attempted to engage in, or .solicited another to engage in a homosexual act or acts. On 19 March 1985, the Petitioner was so discharged. d. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and procedures for correction ofmilitary records following the repeal of"DoiJ.'t Ask, Don't Tell" (DADT) (reference (b)). Itprovides the Board for Correction ofNaval Records with guidance for granting requests to change the characterization ofservice 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 wa:s (1) 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 Upon review and consideration ofall the evidence ofrecord, and especially in light ofreferences (b) and ( c ), the Board concludes that Petitioner's request warrants relief. In this regard, she narrative reason for separation be changed to read "secretarial authority", SPD code be changed to "JFF", and reenlistment code be changed to "RE-IJ". Additionally, that the separation authority be changed to read "MILPERSMAN 1910-164." The Board noted that normally a DD 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. In view ofthe above, the Board directs the following corrective action. RECOMMENDATION That Petitioner's naval record be corrected to show that on 19 March 1985, the narrative reason for separation be changed to read "secretarial authority", SPD code be changed to "JFF", and reenlistment code be changed to "RE-IJ". Additionally, that the separation authority be changed to read "MILPERSMAN 1910-164." That Petitioner be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). That no further relief be granted. That a copy ofthis 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 2 January 2018. 2 Subj: REVIEW NAVAL RECORD OF FORMER MEMBER 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 above entitled 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 Regulations, 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. :;g~Aj Executive Director 3