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

Docket No: 2614-19  
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 
      (2) Subject's naval record (excerpts) 

1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting, that his reenlistment code (RE) be changed.   Implicit in this request is that changes also be made to his narrative reason for separation, separation program designator (SPD), and 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 allegations of error and injustice on 16 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 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 enlisted in the Navy and began a period of active duty on 2 August 1984. On 14 March 1986 and 29 January 1988, Petitioner received non-judicial punishment (NJP) for disrespect, disorderly conduct, and attempting to engage in indecent acts.  Subsequently, Petitioner was notified of an administrative action to separate him from the naval service because of homosexuality.  Petitioner was advised of, and waived, his procedural rights, including his right to consult with and be represented by military counsel and his right to present his case to an administrative discharge board (ADB).  The commanding officer (CO) recommended administrative discharge from the naval service with a characterization of service warranted by Petitioner’s service record.  The discharge authority concurred and directed Petitioner’s discharge due to homosexuality and the assignment of an RE-4 reenlistment code. On 1 March 1988, Petitioner was discharged with an honorable characterization of service and assigned a reenlistment code of RE-4. 

d.  Petitioner contends that he was an honorable Sailor, but the designation on his DD Form 214 says that he was not good enough for reenlistment, and it is a blemish on his record. 

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 of it 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 changingPetitioner’s narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to “RE-1J,” and separation authority to “MILPERSMAN 1910-164.” 

RECOMMENDATION: 

In view of the above, the Board, the Board finds the existence of an injustice and directs the following corrective action. 

That Petitioner’s naval record be corrected to show that on 1 March 1988, Petitioner’s 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 27 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 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.