DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10924-19 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 1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting a discharge upgrade and the removal of all references to homosexuality on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), to reflect current military directives and policy. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 January 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, together with all material submitted in support thereof, relevant portions of Petitioner’s 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 the enclosure 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 in the Navy on 12 August 1982. He completed initial recruit training and “A” School on 26 November 82 in , and transferred to the USS in on 18 December 1982. d. On 28 June 1984, Petitioner’s command initiated an investigation after he allegedly engaged in a homosexual act in an off-base motel that was witnessed by multiple fellow shipmates. On 13 September 1984, the Petitioner was notified of administrative separation proceedings by reason of homosexuality as evidenced by the commission of a homosexual act. The Petitioner elected his right to consult with counsel and to present his case to an administrative separation board. e. On 4 October 1984, an administrative separation board convened at the Naval Legal Service Office, . The board members voted unanimously that the Petitioner committed a homosexual act, and unanimously voted to separate him with a general (under honorable conditions) (GEN) discharge. On 4 January 1985, the Petitioner was discharged with a GEN characterization of service with “Homosexuality – engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts,” as the narrative reason for his separation. f. 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,” separation 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 in accordance with references (b) and (c), the Board concludes that Petitioner’s request warrants relief. The Board noted Petitioner’s record supports that he was administratively discharged due to his homosexuality based on DADT, and that there were no aggravating factors surrounding his discharge. 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), and concludes that relief in the form of changing his discharge characterization, narrative reason for separation, separation authority, separation code, and his reenlistment code is proper at this time. The Board noted that normally a DD Form 215 would be issued to correct the record, however, the Board concluded that a new and updated DD Form 214 is warranted to eliminate the possibility of invasive questions. RECOMMENDATION: In view of the above, the Board directs the following corrective action: That Petitioner’s naval record be corrected to show that the character of service is changed to “Honorable,” the narrative reason for separation is changed to “Secretarial Authority,” the separation authority is changed to “MILPERSMAN 1910-164,” the separation code is changed to “JFF,” and the reentry/reenlistment code is changed to “RE-1J.” It is further directed that Petitioner be issued a new 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 19 November 2019. 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. 3/2/2020