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 with attachments 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted Sailor, filed the enclosure with the Board for Correction of Naval Records (Board) requesting an upgraded characterization of service. 
 
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 the enclosure 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 11 May 2000.  On 19 November 2002, he committed misconduct by engaging in homosexual conduct.  Specifically, Petitioner admitted to kissing a male.  Subsequently, administrative discharge action was initiated by reason of misconduct due to a homosexual act.  After Petitioner waived his rights, his Commanding Officer (CO) recommended Petitioner be retained because Petitioner indicated that the “act he committed would not likely recur.”  The CO further recommended a general, under honorable conditions (GEN), characterization of service if the discharge authority determined Petitioner should be 
separated.  The discharge authority, disagreeing with the CO, directed Petitioner be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a homosexual act.  On 24 January 2003, Petitioner was discharged with an OTH characterization of service and assigned a RE-4 (not recommended for reenlistment) reentry code. 
 
     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 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 solely discharged on the basis of homosexual conduct with no aggravating factors. 
 
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 reentry code as “RE-1J.” 
 
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 30 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.