From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD               
 
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 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting correction to his characterization of service, narrative reason, separation code, and reentry code on his Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 January 2020, and, pursuant to its regulations, determined 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 naval service records, as well as 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 on 1 February 1988.  On 2 June 1988, during an interview with, he disclosed that he intentionally failed to inform his recruiter that he had been involved in pre-service homosexual activities.  Subsequently, administrative discharge action was initiated by reason of defective enlistment and induction due to fraudulent entry.  After Petitioner waived his rights, his commanding officer, the discharge authority, directed his discharge due to fraudulent entry with a general, under honorable conditions (GEN), 
characterization of service.  On 24 August 1988, Petitioner was discharged with a GEN characterization of service and assigned an RE-4 (not recommended for reenlistment) reentry code. 
 
    d.  At the time of the misconduct and in his current submission, Petitioner stated he was sexually abused as a teenager by his pastor, who led him to believe it was acceptable conduct.  Through counseling and family, Petitioner has realized the abuse was not his fault, and he has always been heterosexual. 
 
    e.  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: 
 
Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concludes Petitioner’s request warrants relief.  The Board noted Petitioner’s record supports that he was discharged on the basis of pre-service homosexual conduct which he failed to disclose.  The Board concluded it was unjust for Petitioner to be discharged for fraudulent entry after not disclosing his childhood sexual abuse. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new 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 a “RE-1J” reentry code. 
 
No further changes be made to Petitioner’s record. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 
 
Upon request, the VA 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.