DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6335-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 (b) 10 U.S.C. § 654 (repealed) (c) USD memo of 20 Sep 11 (Correction of Military Record following Repeal of 10 U.S.C. § 654) Encl: (1) DD Form 149 w/ attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting, in effect, that his narrative reason for separation “homosexuality” be changed per references (b) and (c). He also impliedly requested that his separation program designator (SPD) “HRB”, and “RE-4” (not recommended for retention) reentry code be changed. Additionally, his request implies a change to the separation authority “MILPERSMAN 3630400.” 2. The Board, consisting and reviewed Petitioner's allegations of error and injustice on 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 petitioner’s application, together with all material submitted in support thereof, relevant portions of his naval record as well as 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 the enclosure 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. Petitioner enlisted in the On Petitioner admitted to his executive officer (XO) that he was a homosexual. As a result of the foregoing, administrative discharge action was initiated. After being afforded all of his rights, it was directed that he receive an honorable discharge by reason of homosexuality. On he was discharged. d. Reference (c) sets forth the Department of the Navy's current policies, standards, and procedures for correction of military records following the repeal of 10 U.S.C. § 654. It provides guidance to service discharge review boards to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reentry code to “RE-1J,” when the original discharge was based solely on “don’t ask, don’t tell,” or a similar policy in place prior to enactment of it, and there are no aggravating factors in the record, such as misconduct. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concluded that Petitioner’s request warrants relief. In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy as established in references (b) and (c), that relief in the form of his narrative reason for separation be changed to read “secretarial authority,” SPD code to “JFF,” and reenlistment code to “RE-1J.” Additionally, Petitioner’s separation authority be changed to read “MILPERSMAN 1910-164.” In view of the foregoing, the Board directs the following corrective action. RECOMMENDATION: That Petitioner’s naval record be corrected to show that, on his narrative reason for separation was “secretarial authority,” SPD code was “JFF,” reenlistment code was “RE-1J,” and his separation authority was “MILPERSMAN 1910-164.” That Petitioner 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 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.