DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1138-19 Date: Ref Signature From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) 10 U.S.C. § 654 (Repealed) (c) UNSECDEF Memo, “Correction of Military Record following Repeal of 10 U.S.C. 654,” of 20 September 2011 Encl:(1) DD Form 149 1.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 that his record be changed to reflect an honorable characterization of service. 2. The Board reviewed Petitioner’s allegations of error and injustice on 19 February 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 enclosure, relevant portions of Petitioner’s naval service records, 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 regulation 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-duty service on 6 June 1989. On 22 December 1990, Petitioner received non-judicial punishment (NJP) for disobeying an order of an O-4, communicating a threat to an E-8, and drunk and disorderly conduct. On 20 May 1991, Petitioner submitted a statement to the Naval Investigative Service (NIS) regarding his commission of homosexual acts. On the same day, Petitioner’s commanding officer recommended that Petitioner be discharged with an other than honorable (OTH) characterization of service for homosexual conduct. On 30 May 1991, Petitioner was notified of an administrative action to separate him for homosexuality and misconduct due to commission of a serious offense. Petitioner waived his right to consult with counsel and his other procedural rights. On 14 June 1991, the discharge authority directed that Petitioner be discharged with a general characterization of service for homosexuality. and Petitioner was discharged that day. d. Petitioner requests an upgrade to his characterization of service, citing current policy. 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 “don’t ask, don’t tell” (DADT) repeal of reference (b). 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. MAJORITY CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), theBoard’s majority concludes that Petitioner’s request warrants full relief. The majority noted the aggravating factors of misconduct in the Petitioner’s record. However, the majority determined that Petitioner’s overall record of military service mitigated his misconduct. In view of the above, the Board directs the following corrective action. MAJORITY 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 8 January 2019. MINORITY CONCLUSION: Upon review and consideration of all the evidence of record, and in light of references (b) and (c), the Board’s minority concludes that Petitioner’s request warrants partial relief. In this regard, the minority determined that Petitioner’s overall record of military service did not outweigh the misconduct he committed prior to his admission. Therefore, the minority concludes that his characterization of service remain general. MINORITY RECOMMENDATION: That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “general” characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority. 4. Pursuant to Section 6(c) of the revised Procedures of the Board (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action.