Docket No. 7328-19
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER  ,   USN,  
  
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  
      (2) Case summary 
      (3) Naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting removal of a statement listed in block 28 of her discharge documents.  Enclosure (2) applies. 
 
2.  The Board, consisting of     reviewed Petitioner's allegations of error and injustice on 19 August 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, relevant portions of her 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 review the application on its merits.   
 
    c.  Petitioner enlisted in the Navy and began a period of active service on 22 January 1979.  On 1 December 1981, Petitioner submitted an admission of engaging in homosexual acts.  On 13 January 1982, Petitioner was notified of the initiation of administrative separation proceedings by reason of homosexuality, at which point, Petitioner waived her right to consult with military counsel and a hearing before an administrative discharge board.  On 18 January 1982, Petitioner’s commanding officer recommended Petitioner’s discharge by reason of homosexuality and characterization of service to be based on service record.  On 20 January 1982, the discharge authority approved and directed Petitioner’s discharge.  Petitioner was discharged on 2 March 1982, with an honorable characterization of service by reason of homosexuality.  
 
      d.  Petitioner contends she should not have been discharged under these conditions, and references currently policy in her request. 
 
      e.  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,” SPD 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.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy.    
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority.   
 
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 23 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.