DEPARTMENT OF THE NAVY 

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

 
Docket No: 9265-18 
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 (Repeal) 
     (c) UNSECDEF Memo OF 20 Sep 11 (Correction of Military Record following Repeal 
         of U.S.C. 654) 
Encl: (1) DD Form 149 with attachments 
      (2) Case summary 
      (3) Subject's naval record 

1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board 
requesting her records be changed to reflect current military directives, per references (b) and (c). 
Implicit in this request is that changes also be made, consistent with reference (c), to the 
narrative reason for separation, Separation Program Designator (SPD), Reenlistment (RE) Code, 
and separation authority indicated on Petitioner’s discharge from the military. 

2. The Board consisting of reviewed Petitioner's 

allegations of error and injustice on 11 March 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 your naval record and 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 began a period of active duty on 15 July 1977. On 18 March 1980, the Petitioner 
submitted a statement with admission to involvement in homosexual acts. As a result of the 
foregoing, on 21 March 1980, the Petitioner was notified of the initiation of administrative 
separation proceedings, at which point she waived her procedural rights. On 24 March 1980, her 
Commanding Officer recommended discharge with an honorable characterization of service by 
reason of misconduct. On 3 July 1980, the Petitioner was discharged with an honorable 
characterization of service by reason of misconduct-homosexual act. 

d. References (b) and (c) set 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 10 U.S.C. 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. In this regard, the 
Board notes the Petitioner’s overall record of military service and current Department of the 
Navy policy as established in reference (c), that relief in the form of her reason for separation be 
changed to read “secretarial authority,” and reenlistment code be changed to “RE-1J.” 
Additionally, that the separation authority be changed to read “MILPERSMAN 1910-164.” In 
view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

That Petitioner’s Naval record be corrected to show that she was discharged by reason of 
“secretarial authority” on 3 July 1980, and was assigned an “RE-1J” reenlistment. Additionally, 
the separation authority was “MILPERSMAN 1910-164.” 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 14 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 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. 

6/4/2019