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

Docket No: 6871-18 Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

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      (b) 10 U.S.C. § 654 (repealed)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 Section 654 of Title 10, United States Code”

Encl: (1) DD Form 149 w/ attachments
      (2) Subject's naval record (excerpts)

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting an upgrade of service characterization to honorable. This request also impliedly includes that his narrative reason for separation “homosexuality” be changed, that his separation program designator (SPD) “HRA,” and renlistment code of “RE-4” (not recommended for reenlistment) be changed per reference (c). Additionally, that the separation authority “MILPERSMAN 3420189” be changed.

2. The Board, consisting of	, reviewed Petitioner's allegations of error and injustice on 20 August 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 enclosure (1), relevant portions of Petitioner’s 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 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. Petitioner enlisted in the Navy on 23 April 1979. On 20 January 1981, Petitioner was convicted by special court-martial (SPCM) of three specifications of unauthorized absence (UA) totaling 70 days. He was sentence to confinement for five months, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  The BCD was suspended for nine months.  In January 1982, Petitioner admitted to participating in homosexual acts while at recruit training.  As a result of the foregoing, administrative separation action was initiated. After being afforded all of his rights, it was directed that he be discharged by reason of homosexuality. On 10 August 1982, he received an honorable discharge.

  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 reference (b). It provides service discharge review boards with the guidance to grant requests to change the characterization of service to “honorable,” narrative reason for separation to “secretarial authority,” SPD code to “JFF,” and reentry code to “RE-1J,” 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.

  e. Although Petitioner stated in enclosure (1) that he was seeking an upgrade of his discharge from other than honorable to honorable, Petitioner did receive an honorable discharge in 1982.

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 10 August 1982, 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 2 August 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
1. 
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.