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

Docket No: 7269-18 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) 10 U.S.C. §1552 
      (b) 10 U.S.C. 654 (Repeal) 
      (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military 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 of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that her narrative reason for separation be changed. 

2. The Board, consisting of  reviewed Petitioner's 

3. The Board, having reviewed all the facts of record 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 regulation 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 and began a period of active duty on 28 June 1993.  On  25 March 1994, Petitioner received non-judicial punishment (NJP) for an unauthorized absence totaling 27 days.  On 31 March 1994, Petitioner signed a voluntary statement which stated in part, that she performed in a commitment ceremony with her girlfriend.  She calls her girlfriend her wife.  Subsequently, Petitioner was notified of administrative separation action by reason of homosexual conduct; at which time Petitioner waived her rights to consult with legal counsel and to present her case to an administrative discharge board (ADB).  The commanding officer recommended that she be discharged with a character of service as warranted by her service record.  The discharge authority directed that Petitioner be discharged with a general (under honorable conditions) character of service.  On 3 May 1994, Petitioner was discharged.
     
     d.  Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the “don’t ask, don’t tell” (DADT) repeal of 10 U.S.C. 654.  It provides service Discharge Review Boards with guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment 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. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, and especially in light of references 
(b) and (c), the Board concludes Petitioner’s request warrants relief. The Board determined that the record shall be changed to reflect a less stigmatizing reason for separation.  The Board concludes Petitioner’s narrative reason for separation shall be changed to “Secretarial Authority.” 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action. 

That Petitioner’s Naval record be corrected to show that on 3 May 1994, the narrative reason for separation was “Secretarial Authority.” 

It is further directed that she 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 July 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 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.