From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER 
 
Ref:    (a) 10 U.S.C. § 1552 
        (b) 10 U.S.C. § 654 (Repealed) 
        (c) UNSECDEF memo of 20 Sep 11, “Correction of Military Record following Repeal 
      of 10 U.S.C. § 654” 
 
Encl:   (1) DD Form 149 with attachments 
        (2) Subject’s naval record 
 
1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting a change to his narrative reason for discharge and his reentry/reenlistment code, and the removal of all related references to homosexuality on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), to reflect current military directives and policy. 

2. The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 29 August 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, together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, 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 began a period of active duty on 19 March 1997.  On 27 September 1999, the Petitioner provided a voluntary statement admitting to engaging in homosexual acts both before and since joining the Navy.  On 14 October 1999, the Petitioner was notified of administrative separation proceedings by reason of homosexual conduct, as evidenced by his admission of being a homosexual or bisexual.  The Petitioner waived his right to consult with counsel, submit a written statement, and present his case to an administrative separation board.  On 5 November 1999, the Petitioner was discharged with an honorable characterization of service with “homosexual act,” as the narrative reason for his separation. 

d. References (b) and (c) set forth the Department of the Navy’s current policies, standards, and procedures for correction of military records following the repeal of  “don’t ask, don’t tell” (DADT), Title 10, United States Code, Section 654.  It provides service Discharge Review Boards with the guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” separation 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), the Board concludes that Petitioner’s request warrants relief.  The Board noted Petitioner’s record supports that he was administratively discharged due to his homosexuality based on DADT, and that there were absolutely no aggravating factors surrounding his discharge.  In this regard, the Board notes the Petitioner’s overall record of military service and current Department of the Navy policy as established in reference (c), and concludes that relief in the form of changing his narrative reason for separation, separation authority, separation code, and his reenlistment/re-entry code is proper at this time. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
That Petitioner’s naval record be corrected to show that his narrative reason for separation is changed to “Secretarial Authority,” the separation authority is changed to “MILPERSMAN 1910-164,” the separation code is changed to “JFF,” and the reentry/reenlistment code is changed to “RE-1J.” 
 
That Petitioner be issued a new DD Form 214. 
 
That any and all previously existing DD Form 214, and DD Form 215, as applicable, be removed from Petitioner’s naval 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 2 April 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.