Docket No: 5659-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 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 of 29 May 2019 (2) Case summary (3) OMPF Documents 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 Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected. 2. The Board reviewed Petitioner's allegations of error and injustice on 20 July 2020, and, pursuant to its regulations, determined that 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, 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy and started a period of active duty on 3 August 1989. On 25 September 1989, nonjudicial punishment (NJP) was imposed for sodomy with a Fireman Recruit. See enclosure (3) d. On 25 October 1989, administrative separation proceedings were initiated against Petitioner on the basis of homosexuality. Petitioner elected to waive counsel and an administrative separation board. See enclosure (3) e. On 14 November 1989, Petitioner’s Commanding Officer (CO) Recruit Training Command, ), recommended Petitioner be discharged with an other than honorable (OTH) characterization of service for attempting to engage in, or soliciting another to engage in homosexual act or acts and unrevealed pre-service drug abuse. See enclosure (3) f. On 3 December 1989, separation authority approved Petitioner’s separation. On 14 December 1989, Petitioner was discharged with an OTH characterization of service. See enclosure (3) g. Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following reference (b) which 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 Don't ask, don't tellor a similar policy in place prior to enactment of it and there are no aggravating factors in the record, such as misconduct. h. The Board considered Petitioner’s request to change his discharge. The Board reviewed references (b) and (c) and available records pertaining to the allegations against Petitioner, and recommended the following actions: BOARD MEMBER ONE CONCLUSION Board member one found the existence of aggravating factors (conduct with another Sailor at ) outweighed any mitigating factors, and recommended to deny relief. BOARD MEMBER ONE RECOMMEDNATION In view of the above, deny relief. BOARD MEMBER TWO CONCLUSION Board member two found the existence of aggravating factors (conduct with another Sailor at ), and recommended partial relief. Board member two believed that in the interest of justice and in light of the potential for future negative implications, the Petitioner’s narrative reason, separation code, and separation authority should be changed to secretarial authority. No change to characterization of service or block 27 (reentry code). BOARD MEMBER TWO RECOMMEDNATION Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating narrative reason for separation as “secretarial authority,” separation code as “JFF,” and separation authority as “MILPERSMAN 1910-164.” No further changes be made to Petitioner’s 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 5 June 2019. BOARD MEMBER THREE CONCLUSION Board member three believed Petitioner’s application was the type that was intended to be covered by references (b) and (c), and recommended full relief. BOARD MEMBER THREE RECOMMEDNATION Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating the characterization of service as “honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” separation authority as “MILPERSMAN 1910-164,” and reentry code as “RE-1J”. No further changes be made to Petitioner’s 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 5 June 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. The foregoing action of the Board is submitted for your review and action. 11/2/2020