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

Docket No: 3092-19  
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
 
1.  Pursuant to the provisions of the reference, Petitioner, filed enclosure (1) with this Board requesting that his reentry code be upgraded to RE-1 and the narrative reason be changed to Secretarial Authority.  He is alleging the “Don’t Ask.  Don’t Tell” statute was repealed. 

2. The Board, consisting of                                                                                , reviewed Petitioner’s allegations of error and injustice on 18 November 2019, 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 enclosures, relevant portions of his 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 30 June 2008.  On 11 July 2008, he signed a statement in which he admitted to homosexual acts before, and planned during, his enlistment.  He was recommended for administrative separation due to admission of homosexual acts.  On 5 August 2008, his Commanding Officer notified him that he was being administratively separated from the Navy.  He elected not to consult with counsel or request an administrative board.  On 18 August 2008, the Separation Authority directed that Petitioner receive an Entry-Level discharge.  He was discharged on 26 August 2008. 

CONCLUSION 

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

The Board’s decision is based on Petitioner’s contention that he would not have been separated under current law. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected to show that the narrative reason be changed to Secretarial Authority.  The discharge code should be JFF.  The reentry code should be RE-1J.  Petitioner be issued a new DD Form 214 Certificate of Release or Discharge from Active Duty. 

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

No further relief be granted. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 14 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


12/27/2019