Docket No: 2436-19  
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 (Repeal) 
      (c) UNSECDEF memo, “Correction of Military Records Following Repeal of 10 U.S.C. § 654,” of 20 September 2011  
Encl: (1) DD Form 149 w/attachments  

1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that her record be corrected by changing her characterization of service, narrative reason for separation, separation program designator (SPD), and reenlistment code (RE).  Implicit in her request is that changes also be made to the separation authority indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). 

2.  The Board, consisting of , reviewed Petitioner’s that the partial 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, 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 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 2 November 1981.  Despite a thorough review of Petitioner’s service record, her administrative separation documentation were not located.  Based on Petitioner’s DD Form 214, she was discharged on 23 December 1981 with a general (under honorable conditions) characterization of service by reason of misconduct due to homosexual tendencies. 

d.  Petitioner contends that the record is unjust because it is not true or factual.  While in basic training, she was accused of being a lesbian or engaging in homosexual tendencies by a recruit who was a gay female interested in being discharged. 

e.  At the time of her discharge, Petitioner was issued a DD Form 214 with a characterization of service “general (under honorable conditions),” separation authority “BUPERSMAN 3420189,” separation code “GML,”reenlistment code “RE-4,” and narrative reason for separation “Misconduct – Homosexual Tendencies.” 

f.  Reference (c) sets forth the Department of the Defense’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 guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment of DADT, and there are no aggravating factors in the record, such as misconduct. 

CONCLUSION: 

After considering the enclosure, Petitioner’s overall record of military service, and the law and policy established in the references, the Board concludes that Petitioner’s request warrants relief in the form of changing her characterization of service to “Honorable,” narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to “RE-1J,” and separation authority to “MILPERSMAN 1910-164.” 

In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 

RECOMMENDATION: 

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

That Petitioner’s naval record be corrected to show that, on 23 December 1981, her characterization of service was “Honorable,” narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” and the separation authority was “MILPERSMAN 1910-164.” 

It is further directed that Petitioner be issued a new Certificate of Release or Discharge from Active Duty (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 22 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.