Docket No. 8423-19 Ref: Siganture 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 Records Following Repeal of 10 U.S.C.654) Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's 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 that his characterization of service, narrative reason for separation, separation program designator (SPD) and reenlistment code (RE) be changed. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 26 August 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, naval 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 27 July 1981. On 10 June 1982, Petitioner received non-judicial punishment (NJP) for being absent from his appointed place of duty, and violation of a uniform regulation. On 1 July 1982, Petitioner received his second NJP for being absent from his appointed place of duty. The record reflects that Petitioner made a voluntary statement admitting to engaging in homosexuality. Subsequently, on 19 July 1982, Petitioner was notified of an administrative action to separate him from the naval service by reason of homosexuality. Petitioner was advised of, and waived his procedural right to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board. Petitioner’s commanding officer then forwarded Petitioner’s package to Commander, Naval Military Personnel Command, recommending administrative discharge from the naval service with an honorable characterization of service. The recommendation for discharge was approved and separation was directed with a characterization of service warranted by Petitioner’s service record. Prior to Petitioner’s administrative discharge, on 2 September 1982, Petitioner received his third NJP for again being absent from his appointed place of duty. On 16 September 1982, Petitioner received his forth NJP, also for being absent from his appointed place of duty, along with disobeying a lawful order, and stealing food from the wardroom pantry. On 24 September 1982, Petitioner was discharged with a general (under honorable conditions) characterization of service by reason of homosexual acts. 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. e. Petitioner contends that his discharge is unjust because the sole reason for the discharge was his admission or evidence that he had engaged/attempted to engage in homosexual activity. As there were no aggravating factors alleged in Petitioner’s discharge paperwork, and his record reflects high marks for his service, Petitioner has established that his discharge was solely based a homosexual act or admission. CONCLUSION: After considering enclosures (1) and (2), Petitioner’s overall record of military service, and the law and policy established in references (b) and (c), the Board concludes that Petitioner’s request warrants partial relief. The Board concluded that the record should be changed to reflect a less stigmatizing reason for separation by changing Petitioner’s narrative reason for separation to “Secretarial Authority,” the SPD code to “JFF,” and separation authority to “MILPERSMAN 1910-164.” In regard to Petitioner’s request for a change to his characterization of service, the Board noted that after being notified of separation, petitioner continued his misconduct which the Board determined warranted a general characterization of discharge. The Board discerned no impropriety or inequity in the issuance of Petitioner’s characterization of service. RECOMMENDATION: In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: That Petitioner’s naval record be corrected to show that on 24 September 1982, Petitioner’s narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” and the separation authority was “MILPERSMAN 1910-164.” It is further directed that Petitioner be issued a new DD Form 214. 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 6 September 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.