Docket No: 4026-19  
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 
      (2) 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 an upgrade to his discharge to reflect an honorable characterization of service and a change to his reentry code.  Enclosure (2) applies. 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 11 June 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 enclosures, relevant portions of his naval service 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 review the application on its merits.  

c.  Petitioner enlisted in the Navy and began a period of active service on 7 June 1988. On 26 June 1990, Petitioner submitted an admission of engaging in homosexual acts.  As a result of the foregoing, on 26 June 1990, the Petitioner was notified of the initiation of administrative separation proceedings by reason of homosexuality, at which point, Petitioner waived counsel and his procedural rights.  On 27 June 1990, the Petitioner’s commanding officer recommended his discharge with an other than honorable (OTH) characterization of service by reason of homosexuality.  Subsequently, on 2 July 1990, the discharge authority approved and directed discharge. Petitioner was discharged on 19 July 1990, with an other than honorable (OTH) characterization of service by reason of homosexuality. 

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 “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 discharge 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.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy.  
In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable”characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority.  

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 10 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 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.