Docket No: 5046-19 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 Records Following Repeal of 10 U.S.C. 654) Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's 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, that his narrative reason for separation and reenlistment code be changed. Implicit in this request is that changes also be made to Petitioner’s separation authority and separation program designator (SPD) indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). 2. The Board, consisting of reviewed Petitioner's 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, 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 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 enlisted in the Navy and began a period of active duty on 9 July 1975. Petitioner subsequently completed this enlistment with an honorable characterization of service on 7 May 1981 and reenlisted on 8 May 1981. On 7 May 1984, Petitioner was notified of an administrative action to separate him from the naval service because of homosexuality due to Petitioner’s statement that he is a homosexual. Petitioner was advised of, and waived, his procedural rights, including his right to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board (ADB). The commanding officer (CO) recommended administrative discharge from the naval service with the characterization of service warranted by Petitioner’s service record. The discharge authority directed administrative separation from the naval service by reason of homosexuality with the characterization of service warranted by Petitioner’s service record. On 10 April 1984, Petitioner was discharged with an honorable characterization of service. d. Reference (c) sets forth the Department of the Defense’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 guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment 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: After considering enclosures (1) and (2), Petitioner’s overall record of military service, and the law and policy established in references (b) and (c), the Board concludes that Petitioner’s request warrants relief. The Board concluded that the record should be changed to reflect a less stigmatizing reason for separation by changing Petitioner’s narrative reason for separation to “Secretarial Authority,” and change reenlistment code to “RE-1J.” Additionally, the Board determined that the SPD code should be changed to “JFF,” and separation authority to “MILPERSMAN 1910-164.” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: RECOMMENDATION: That Petitioner be issued a new DD Form 214 indicating that on 10 April 1984 his character of service was “honorable,” narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” and the separation authority was “MILPERSMAN 1910-164.” 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 13 May 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.