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

Docket No. 8764-18

From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER   
 
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        (b) 10 U.S.C. § 654 (Repealed) 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. sec. 654” 
 
Encl:   (1) DD Form 149 
        (2) 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 an upgrade to his discharge to reflect an honorable characterization of service.   
 
2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 13 November 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 service records, 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 review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy and began a period of active service on 23 January 1991.  Petitioner entered into a period of unauthorized absence (UA) from 25 October 1992 to 7 November 1992 (terminated by apprehension).  On 9 November 1992, he received nonjudicial punishment for the aforementioned UA.  On 10 November 1992, Petitioner underwent a medical evaluation in which the Petitioner admitted to homosexuality and stated he went UA due to fear for his life after being kidnapped by another Sailor.  As a result of the foregoing, on 14 January 1993, Petitioner was discharged with a general (under honorable conditions) characterization of service by reason of homosexuality. 
 
     d.  Petitioner requests an upgrade to the characterization of his service, contending that his discharge was based on his sexual orientation. 
 
     e.  References (b) and (c) set forth the Department of the Navy’s current policies, standards, and procedures for correction of military records following the repeal “don’t ask, don’t tell” (DADT), 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 relief.  The Board noted the Petitioner’s naval record substantiates sufficient evidence that Petitioner’s misconduct was mitigated by the circumstances surrounding his UA.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable” characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority. 
 
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 9 October 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.