From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW 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 Record following Repeal of U.S.C. § 654) Encl: (1) DD Form 149 w/ attachments 1. Pursuant to reference (a), Petitioner, a former enlisted member of the Navy, filed the enclosure with this Board requesting a discharge upgrade and the removal of all 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 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, 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 the enclosure 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. Regarding the Petitioner’s request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered the Petitioner’s case based on the evidence of record. d. Petitioner began a period of active duty on 27 February 1995. On 12 September 1995, the Petitioner reported for duty on board the USS in e. On 29 February 1996, the Petitioner went to non-judicial punishment (NJP) for making a false official statement. As punishment, he received forfeitures of pay and a suspended reduction in rank. However, on 19 March 1996, the Petitioner’s suspended portion of his NJP was vacated and enforced. f. On 3 May 1996, the Petitioner drafted a written request for an administrative separation. In his written request, the Petitioner stated that he was a homosexual and desired to engage in homosexual conduct. On 10 May 1996, the Petitioner was notified of administrative separation proceedings by reason of homosexual conduct as evidenced by his statement that he is a homosexual, or words to that effect. The Petitioner consulted with counsel and elected to submit a statement to the separation authority, but he waived his right to present his case to an administrative separation board. The Petitioner was separated from the Navy with a general (under honorable conditions) discharge on 5 July 1996. g. 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,” 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 no aggravating factors related to homosexuality 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 discharge characterization, 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 the characterization of service is changed to “Honorable,” the 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.” It is further directed that Petitioner be issued a new DD Form 214. That Petitioner be issued a new honorable discharge certificate. That any and all previously existing DD Form 214 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 17 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. 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.