Docket No. 6928-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 (c) UNSECDEF memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654) Encl: (1) DD Form 149 w/enls 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting that her General characterization of service be changed to Honorable, her narrative reason for discharge be changed, and that her name be changed to her birth name on her Certificate of Release or Discharge from Active Duty (DD Form 214). She also impliedly requested that the Separation Code and Separation Authority be changed. Enclosure (1) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 26 October 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 Petitioner’s naval records, applicable statutes, regulations, 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. On 16 February 1983, Petitioner reenlisted in the Navy after serving over five years of prior honorable service. On 9 May 1983, she was notified of administrative discharge action by reason of homosexuality as evidenced by her own statement as corroborated by statements of others. After being afforded her procedural rights, she elected to have her case heard by an administrative discharge board (ADB). On 13 May 1983, the ADB found that Petitioner engaged in a homosexual relationship prior to her enlistment. Petitioner engaged in homosexual acts with another female Sailor in a public place, in unaccompanied enlisted housing on base, and solicited the homosexual acts described above. She also admitted that she was a homosexual or bisexual. The ADB unanimously recommended that Petitioner receive a general discharge by reason homosexuality. On 23 May 1983, Petitioner’s case was forwarded to the separation authority. On 10 June 1983, the separation authority directed that Petitioner be discharged from the Navy with the type warranted by her service record due to homosexuality. On 21 June 1983, Petitioner was discharged from the Navy with a general characterization of service. Characterization of service is based in part on conduct marks assigned on a periodic basis. Petitioners conduct average prior to her reenlistment was 3.5. She was only four months into her reenlistment when she was discharged. At the time of her service, a conduct average of 3.0 was required for a fully honorable characterization of service. c. In her application, Petitioner stated that she was discharged due to homosexuality, which is now permitted in the armed services, and that she has not identified herself with that lifestyle since 1996. 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 narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” re-characterize the discharge to honorable, and reentry code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment, and there are no aggravating factors in the record, such as misconduct. CONCLUSION Upon review and consideration of all the evidence of record, especially in light of references (b) and (c), the Board concluded that Petitioner served over five years of satisfactory service, and earned an overall conduct average of 3.5 just prior to her reenlistment, which exceeded the average to be considered for a fully honorable characterization of service. In this regard, the Board believes that had she been properly assigned a characterization of service based on her conduct average at the time of her discharge, it would have been “honorable.” Additionally, the separation authority should be changed to read “MILPERSMAN 1910-164,” the separation code be changed to “JFF,” and narrative reason for separation should be changed to read “Secretarial Authority.” With regard to Petitioner having her name changed to her birth name, the Board found no error or injustice. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner’s be issued a new DD Form 214 to show that on 21 June 1983, she received an “Honorable” discharge. Petitioner’s narrative reason for discharge be changed to “Secretarial Authority.” Petitioner’s separation code be changed to read “JFF.” Petitioner’s naval record be corrected to show that on 21 June 1983, the separation authority was “MILPERSMAN 1910-164.” That no further action be granted. A copy of this Report of Proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 19 July 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.