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

Docket No: 8029-18 
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      (b) 10 U.S.C. § 654 (Repealed)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) UNSECDEF memo of 20 Sep 11, “Correction of Military Record following Repeal of Title 10 U.S.C. § 654)

Encl: (1) DD Form 149 with attachments
      (2) Subject’s naval record (excerpts)

1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting, in effect, that his “Other Than Honorable” discharge be changed per reference (b). He also implied that his narrative reason for separation “Homosexuality,” his separation program designator (SPD) “HRA,” and “RE-4” (not recommended for retention) reenlistment (RE) code be changed per reference (b). He also impliedly requests that the separation authority “MILPERSMAN” 3630400, be changed.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 3 September 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 your application, together with all material submitted in support thereof, 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 finds 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 19 June 1986. On 22 April 1987, Petitioner received non- judicial punishment (NJP) for wrongfully committing an indecent act with another male, and for two specifications of wrongful solicitation. As a result of the foregoing, administrative action was initiated to discharge Petitioner from the naval service.  After being afforded all of his rights, it was directed that Petitioner be discharged with an other than honorable (OTH) characterization of service by reason of homosexuality. On 12 May 1987, Petitioner received NJP for 10 specifications of being absent from appointed place of duty (restriction musters). On 16 June 1987, 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 “don’t ask, don’t tell” (DADT) repeal of Title 10, United States Code, Section 654. It provides service Discharge Review Boards with the guidance to grant requests 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 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 that Petitioner’s request warrants partial relief. In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy as established in reference (b) and (c), that relief in the form of his characterization of service be changed to read “general (under honorable conditions),” 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 will 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 16 June 1987, his characterization of service was “general (under honorable conditions),” 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 30 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 Board (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.