Docket No: 3276-19  
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      (b) 10 U.S.C. § 654 (Repealed) 
      (c) UNSECDEF memo, “Correction of Military Record following Repeal of 10 U.S.C. § 654,” of 20 September 2011  

Encl: (1) DD Form 149 w/attachments  

1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that his other than honorable (OTH) characterization of service be changed.  He also implicitly requests that his record  be corrected by changing his narrative reason for separation of “Homosexuality,” separation program designator (SPD) “HRA,” “RE-4” (not recommended for retention) reenlistment code, and separation authority “BUPERS MANUAL ARTICLE” C-10312. 

2.  The Board, consisting of reviewed Petitioner’s  allegations of error and injustice on 21 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 regulation 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 reenlisted in the Navy on 22 June 1951.  On 16 July 1952, Petitioner admitting to engaging in mutual homosexual activities prior to enlisting into the Navy and while serving as an active-duty Sailor. As a result, administrative separation action was initiated.  After Petitioner was afforded all of his rights, it was directed that he be discharged with an OTH characterization of service by reason of homosexuality.  On 13 August 1952, 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 its enactment, and there are no aggravating factors in the record, such as misconduct. 

e.  Based on the guidance reflected in reference (d), former military personnel who have legally changed their name and sex, or are the subject of gender reassignment, may have their Certificate of Release or Discharge from Active Duty (DD Form 214) changed to accurately reflect their present name and sex/gender.  In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions.  However, the provisions/guidance only apply to the Service-member’s DD Form 214. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, and especially in light of references (c) and (d), theBoard concludes that Petitioner’s request warrants relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy as established in references (c) and (d).  

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

RECOMMENDATION: 
That Petitioner’s naval record be corrected to show that, on 13 August 1952, his characterization of service was “honorable,” his narrative reason for separation was “secretarial authority,” his SPD code was “JFF,” his reenlistment code was “RE-1J,” and his 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 19 March 2019. 

4.  It is certified that a quorum was present at theBoard’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.