Docket No: 2701-19  
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 Record following Repeal of 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 enclosure (1) with this Board requesting that the characterization of service on his Certificate of Release or Discharge from Active Duty (DD Form 214) be changed from “Other Than Honorable” to “Honorable” per reference (b).  There is an implied request that the narrative reason for separation, separation program designator (SPD), reenlistment code, and separation authority also be changed.  Enclosures (1) and (2). 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 7 April 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, 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 Reserve on 13 June 1986.  On 14 October 1988, Petitioner made a written statement admitting to being a homosexual. As a result, administrative separation action was initiated.  After being afforded all of his rights, it was directed that he receive an other than honorable (OTH) discharge by reason of homosexuality/Drug Abuse.  On 19 January 1989, he was 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 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 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 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), theBoard concludes that Petitioner’s request warrants relief.  Specifically, the Board determined that the following relief is warranted: Petitioner’s characterization of service be changed to “honorable,” narrative reason for separation be changed to “secretarial authority,” SPD code be changed to “JFF,” reenlistment codebe changed to “RE-1J,” and separation authority be changed to “MILPERSMAN 1910-164.” 

RECOMMENDATION: 

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

That Petitioner’s naval record be corrected to show that on 19 January 1989, his characterization of service was “honorable,” narrative reason for separation was “secretarial authority,” SPD code was “JFF,” reenlistment code was “RE-1J,” and 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 March 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.