DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2457-19  
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 of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. 654) 

Encl: (1) DD Form 149 with attachments 

1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting, that his narrative reason for separation be changed. 

2.  The Board, consisting of       , reviewed Petitioner’s allegations of error and injustice on 2 April 2020 and, pursuant to its regulations, determined 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 enclosures, 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.  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 re-enlisted in the Navy and began a period of active duty on 7 December 1985.  On 27 March 1991, in a statement, Petitioner admitted that he was a homosexual.  Petitioner also admitted that he touched two other individuals in the genital area while they were sleeping.  On 6 August 1991, Petitioner stated that his earlier statement was true, except the fact that he considered himself a homosexual.  On 27 August 1991, Petitioner received a psychiatric evaluation which found him fit and suitable for duty.
 
Subsequently, on 15 November 1991, Petitioner was notified of an administrative action to separate him from the naval service because of misconduct due to homosexuality.  Petitioner was advised of his procedural rights, he elected his right to consult with military counsel.  Initially he elected his right to present his case to an administrative discharge board (ADB), but on 11 December 1991, he waived the right to an ADB. His Commanding Officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority directed administrative discharge from the naval service with an OTH characterization of service by reason of misconduct due to homosexuality.  On 18 February 1992, Petitioner was so discharged.
 
d.  Petitioner contends that the Department of Defense (DoD) recognize that many veterans received discharges only because of their sexual orientation.
 
e.  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 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 references (b) and (c), the Board concludes that Petitioner’s request warrants relief.  The Board concluded that the record should be changed to reflect a less stigmatizing reason for separation.  The Board concludes that Petitioner’s request warrants relief in the form of changingPetitioner’s narrative reason for separation to “Secretarial Authority.” The Board further concludes that Petitioner’s characterization of service shall remain the same due to the aggravating factors in the record.
 
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 18 February 1992, Petitioner’s narrative reason for separation was “Secretarial Authority.” 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.