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 
 
Encl:   (1) DD Form 149 
 
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted Sailor, filed the enclosure with this Board, requesting an upgrade of his discharge to honorable. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 December 2019 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 enclosure, relevant portions of the Petitioner’s naval 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.  Petitioner enlisted in the Navy and began a period of active duty on 13 July 2001.  On 17 December 2001, Petitioner made a voluntary statement that he was a homosexual and did not want to remain in the Navy.  On 18 December 2001, administrative separation was initiated by reason of misconduct due to homosexual conduct admission.  After being afforded all of his procedural rights, he waived them, and his case was forwarded to the separation authority for review.  The commanding officer recommended that Petitioner receive an uncharacterized entry-level discharge because he had served under 180 days, and the separation authority approved Petitioner’s separation from the Navy.  On 4 January 2002, Petitioner was discharged with an uncharacterized entry-level separation, a separation code “HRB,” a reentry (RE) code “RE-4,” and a narrative reason for separation “homosexual conduct admission.” 
 
c.  Petitioner asserts his discharge is unjust because he was discriminated against.  Petitioner only recently learned of the repeal of the ‘don’t ask, don’t tell’ policy. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  The Board finds the entry level separation to be the proper character of service for this discharge initiated less than 180 days from the date of entry. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by changing the separation authority and narrative reason to “Secretarial Authority;”; changing the separation code to “JFF;” and changing the RE code to “RE-1J.” 
 
Petitioner be issued a new DD Form 214. 
 
That no further action be granted. 
 
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 on 19 August 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.