From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 
Subj: REVIEW NAVAL RECORD OF FORMER 

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 10 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, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change to her narrative reason for separation, separation code, and separation authority to reflect current military directives and policy. Implicit within this request is that changes also be made consistent with reference (c) to Petitioner’s reenlistment/re-entry code as indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). 

2. The Board reviewed Petitioner's allegations of error and injustice on 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 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 the Petitioner was notified of administrative separation proceedings by reason of homosexuality for engaging in, or attempting to engage in homosexual acts. The Petitioner exercised her right to consult with counsel, submit a written statement, and present her case to an administrative separation board. On the Petitioner was discharged with an honorable characterization of service with “homosexuality – engaged in, attempted to engage in a homosexual act or acts” as the narrative reason for her separation. 

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,” 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 especially in light of references 
(b) and (c), the Board concluded that Petitioner’s request warrants relief. The Board noted 

Petitioner’s record supported that she was administratively discharged due to her homosexuality based on DADT, and that there were no aggravating factors surrounding her discharge. In this regard, the Board noted the Petitioner’s overall record of military service and current Department of the Navy policy as established in reference (c), and concluded that relief in the form of changing her narrative reason for separation, separation code, and separation authority is proper at this time. 

The Board also determined that in order to fully implement the letter and spirit of the reference (c) policy, additional relief was warranted beyond what Petitioner requested. Such additional relief is necessary to ensure that there are no administrative inconsistencies surrounding the Petitioner’s discharge. Accordingly, in addition to modifying Petitioner’s narrative reason, separation code, and separation authority, the Board concluded that changing Petitioner’s reenlistment/re-entry code on her DD-214 is warranted as well. 

RECOMMENDATION: 

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

That Petitioner’s naval record be corrected to show that her 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 Certificate of Release or Discharge From Active Duty (DD Form 214). 

That any and all previously existing DD Form 214, DD Form 214N, and DD Form 215, as applicable, be removed from Petitioner’s naval record. 

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     .

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.