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

Docket No: 2938-19  
Ref:   Signature date  

From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 
      (2) Subject’s naval record (excerpts) 

1. Pursuant to the reference, Petitioner, a former enlisted sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that her discharge characterization be upgraded to Honorable and the narrative reason for discharge be changed to Secretarial Authority.  She alleged her discharge was inequitable because it was based on one isolated incident in 19 months of honorable service.  She also alleged that her discharge was improper because it was in retribution for her and her shipmate purportedly being too loud while playing cards and waking a bunkmate.  She believes clemency is warranted because it is an injustice for her to continue to suffer the adverse consequences of an other than honorable conditions (OTH) discharge. 

2.  The Board, consisting of , reviewed Petitioner’s 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, relevant portions of Petitioner’s naval records, 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.  Petitioner enlisted in the Navy and began a period of active service on 31 January 2000.  On 10 April 2001, a preliminary report found that Petitioner engaged in homosexual acts aboard ship.  Subsequently, administrative action was initiated to separate Petitioner from the naval service by reason of misconduct due to homosexual acts.  On 28 June 2001, Petitioner’s commanding officer (CO) notified her that she was being processed for administrative separation from the Navy.  Petitioner was advised of her procedural rights and elected not to consult with counsel or request a hearing before an administrative discharge board.  On 20 July 2001, her CO recommended administrative separation with an honorable characterization of service.  On 8 August 2001, the separation authority directed that Petitioner receive an OTH discharge.  On 22 August 2000, Petitioner was so discharged. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. Additionally, the Board reviewed her application under the guidance provided in the reference.  Specifically, the Board considered whether her application was the type that was intended to be covered by these policies. 

The Board’s decision is based on Petitioner’s contention that she was administratively separated on the basis of one incident of homosexual behavior. 

RECOMMENDATION 

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

The narrative reason should be changed to “Secretarial Authority.” The separation code should be changed to “JFF.” 

That Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. 

That a copy of this Report of Proceedings be filed in Petitioner’s naval record. 

That no further relief be granted. 

That upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 11 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.