DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 11508-19                                                           
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  


Ref:    (a) 10 U.S.C. § 1552 

Encl:   (1) DD Form 149 

1.  Pursuant to the reference, Petitioner, a former enlisted Sailor, filed the enclosure with this Board, requesting a change to her DD Form 214, Block 28, Narrative Reason for Separation. 

2.  The Board, consisting of                                                 , reviewed Petitioner’s allegations of error and injustice on 24 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 the Petitioner’s naval 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 regulations within the Department of the Navy.

      b.  Petitioner enlisted in the Navy and began a period of active duty on 1 June 1999.  On 3 and 11 October 2000, after receiving Article 31b Rights Advisements, Petitioner made voluntary statements that she was a bisexual, had developed feelings for a fellow Sailor, and would like to be separated in order to pursue a relationship.  On 17 October 1000, an administrative action to separate her from the naval serice was initiated for misconduct-homosexual conduct admission.  After being afforded all of her procedural rights, she waived the right to consult with counsel and all other rights except to obtain copies of the documents that formed the basis for separation, and her case was forwarded to the separation authority for review.  The Commanding Officer recommended that Petitioner receive an honorable discharge.  On 16 November 2000, Petitioner was discharged with an honorable characterization of service, a separation code “HRB,” a reentry (RE) code “RE-4,” and a narrative reason for separation “homosexual conduct admission.” 

      c.  Petitioner asserts her narrative reason for separation is unjust because of the repeal of the ‘don’t ask, don’t tell’ policy. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. 

RECOMMENDATION

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by changing the separation authority and narrative reason 
to “Secretarial Authority;”; changing the separation code to “JFF;” and changing the RE code to “RE-1J.” 

Petitioner be issued a new DD Form 214. That no further action be granted.
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 

That upon request, the Department of Veterans Affairs is informed that Petitioner’s application was received by the Board on 10 December 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


3/24/2020