Docket No: 2434-19  
Ref: Signature Date  
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      (b) 10 U.S.C. § 654 (repealed) 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 of 20 Sep 11 (Correction of Military Record following Repeal of 10 U.S.C. § 654)  

Encl: (1) DD Form 149 w/ attachments  

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board) requesting, in effect, that his characterization of service of “Other Than Honorable” be changed per reference (b).  He also impliedly requested that his narrative reason for separation “Homosexuality,” separation program designator (SPD) “HRA,” and “RE-4” (not recommended for retention) reenlistment code be changed per reference (b).  Additionally, he impliedly requested that the separation authority “MILPERSMAN” 3630400, be changed. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 March 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 records, as well as 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 enlisted in the Navy on 9 November 1973. On 16 November 1973, he admitted that he actively participated in homosexual acts prior to enlisting into the Navy.  On 19 November 1973, he made a written statement disclosing his involvement in homosexual acts prior to enlisting and not informing his recruiter.  As a result, administrative separation action was initiated.  After being afforded all of his rights, it was directed that he be discharged with a general (under honorable conditions) characterization of service by reason of homosexuality.  On 10 December 1973, he was so discharged. 

d.  Reference (c) sets 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 Title 10, United States Code, Section 654.  It provides service Discharge Review Boards with the guidance to grant requests to change the characterization of service to “honorable,” narrative reason for separation 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 its enactment, 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), theBoard concludes that Petitioner’s request warrants relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy as established in references (b) and (c), and determined that relief in the form of his characterization of service be changed to read “honorable,” narrative reason for separation be changed to read “secretarial authority,” SPD code to “JFF,” and reenlistment code to “RE-1J,” and change his separation authority to read “MILPERSMAN 1910-164.” 

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

RECOMMENDATION: 

That Petitioner’s naval record be corrected to show that on 10 December 1973, his characterization of service was “honorable,” his narrative reason for separation was “secretarial authority,” SPD code was “JFF,” reenlistment code was “RE-1J,” and his separation authority was “MILPERSMAN 1910-164.” 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 

That no further changes be made to the 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 February 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.