DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy   
 
Subj:   REVIEW OF NAVAL RECORD OF  
             
 
Ref:     (a) 10 U.S.C. § 1552 
         (b) 10 U.S.C. § 654 (repealed) 
         (c) USD memo of 20 Sep 11, “Repeal of ‘Don’t Ask, Don’t Tell’” 
          
Encl:  (1)  DD Form 149 w/ attachments 
       (2)  Subject's naval record (excerpts) 
             
1.  Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting that his reentry (RE) code be changed to “RE-1” on his Certificate of Release of Discharge from Active Duty (DD Form 214) and the separation code be changed to “JFF” to reflect the repeal of reference (b).  He also requested that his narrative reason be changed to “secretarial authority.” 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 15 July 2019, 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 records, applicable statutes, regulations and policies.  
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice found 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 waive the statute of limitations and review the application on its merits.   
 
      c. A personal appearance with or without counsel would not materially add to the Board’s understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
      d. Petitioner enlisted in the Navy and began a period of active service on 5 May 1997.  On 20 November 1997, his Commanding Officer recommended administrative separation.      presented verified evidence that he has a homosexual orientation.  Should his orientation become known, I feel crew order and discipline will be disrupted and  safety will be in jeopardy.”  He was recommended for discharge due to homosexual admission and separated with an honorable discharge on 26 November 1997. 
 
     e.  The record does not contain any indication that any aggravating factors were present in Petitioner’s discharge.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board reviewed his application under the guidance provided in reference (c) and found there were no aggravating factors present in Petitioner’s discharge.  
  
The Board's decision is based on Petitioner’s separation under laws that existed in 1997, but were later repealed.  The Board considered that Petitioner’s DD Form 214 references homosexuality, and determined that, under the current guidance, such a reference is unjust.  The Board found that, in light of reference (c), Petitioner is entitled to a change to his narrative separation reason to reflect “secretarial authority” and a change to the associated separation and RE code. 
 
In view of the foregoing, the Board found the existence of an injustice warranting the following corrective action. 
  
RECOMMENDATION 
 
Petitioner’s naval record be corrected to show that the narrative reason for sepation was “secretarial authority.”  The separation code be corrected to show “JFF,” and RE code of “RE-1J.”  
 
Petitioner be issued a new DD Form 214. 
  
A copy of this Report of Proceedings be filed in Petitioner’s naval record. 
 
No further relief be granted. 
 
Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 29 June 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.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.