From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER  USN,  XXX-XX- 
        
Ref:    (a) 10 U.S.C. §1552 
        (b) 10 U.S.C. §654 (repealed) 
        (c) UNSECDEF memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654) 
              
Encl: (1) DD Form 149 w/encls  
  
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his other than honorable (OTH) characterization of service be changed to honorable, and to change his reentry code and narrative reason for discharge.  He also impliedly requested that the separation authority and separation code be changed on his Certificate of Release or Discharge from Active Duty (DD Form 214).  Enclosure (1) applies. 
  
2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 16 November 2020, 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 Petitioner’s naval records, 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.  Petitioner enlisted in the Navy and began a period of active duty on 4 January 1988.   
 
     c.  On 9 January 1989,  Petitioner admitted to performing oral sex on another male on several occasions. 
 
     d.  On 10 February 1989, Petitioner submitted a request for administrative discharge under other than honorable conditions (OTH) in lieu of trial by court-martial.   
 
     e.  On 13 February 1989, Petitioner’s request for discharge was approved and it was directed that he receive an OTH discharge for the good of the service. 
 
     f.  On 8 March 1989, Petitioner was discharged from Navy for the good of the service with an OTH characterization of service.    
 
     g.  Characterization of service is based in part on conduct marks assigned on a periodic basis.  In the Petitioner’s case, his final conduct average was 2.6.  At the time of his service, a conduct average of 3.0 was required to be considered for a fully honorable characterization of service based on his narrative reason for discharge.  However, the Board noted the Petitioner’s overall trait average was 3.1, which is high enough to be considered for an honorable discharge. 
 
     h. With his application, Petitioner states his discharge is unjust because under today’s standards, he would not have been separated due to his sexual activities.  He claims that in light of current Department of the Navy guidance, his discharge should be upgraded when there are no aggravating factors. 
 
     i.  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 narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” re-characterize the discharge to honorable, and reenlistment code to “RE-1J” when the original discharge was based solely on DADT or a similar policy in place prior to enactment, and there are no aggravating factors in the record such as misconduct.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action in the form of relief. 
 
In this regard, the Board notes Petitioner's overall record of satisfactory military service.  Further the Board concluded that even though his OTH characterization of service was properly assigned based on his request for discharge, based on Petitioner's overall record of military service, to include his overall trait average of 3.1, the record should reflect an honorable characterization of service.  Additionally, the separation authority should be changed to read “MILPERSMAN 1910-164,” the separation code should read “JFF,” reentry code should read “RE-1J,” and his narrative reason for separation should read “Secretarial Authority.”  
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION 
 
Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) 
showing that on 8 March 1989, he received an “Honorable” discharge. 
 
Petitioner’s separation authority was “MILPERSMAN 1910-164.” 
 
Petitioner’s separation code be changed to read “JFF.” 
 
Petitioner’s reenlistment code be changed to “RE-1J.” 
 
Petitioner’s narrative reason for separation was “Secretarial Authority.” 
 
That no further action be granted. 
 
A copy of this Report of Proceedings be filed in Petitioner’s naval record. 
 
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.      
                                                              
1/10/2021
Executive Director