DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 912-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 (b) 10 U.S.C. §654 (repealed) (c) UNSECDEF memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654) Encl:(1) DD Form 149 w/enls 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) with this Board requesting that his narrative reason for discharge be changed to “Secretarial Authority,” his separation code be changed to “JFF,”his reentry code to “RE-1J,” and separation authority to “MILPERSMAN 1910-164” 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 19 May 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 Petitioner’s naval records, applicable statutes, regulations, 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 interests of justice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active duty on 16 November 1993. On 24 June 1996, he was notified of administrative discharge action by reason of homosexual conduct as evidenced by his statement of being homosexual. After being afforded his procedural rights, he elected to have his case heard before an administrative discharge board (ADB). On 29 August 1996, an ADB found that the Petitioner committed homosexual acts as evidenced by his statement, that he committed homosexual conduct by him engaging in, attempting to engage in, or soliciting another to engage in a homosexual act or acts. The ADB recommended that Petitioner be separated from the Navy with an other than honorable (OTH) characterization of service. On 11 October 1996, Petitioner’s commanding officer (CO) forwarded the case to the separation authority concurring with the ADB’s findings and recommendation for separation, but he did not concur with the ADB’s recommendation for an OTH discharge. Stating, in part, that there has never been anyquestion regarding Petitioner’s performance or contribution to the command or the Navy. In fact, he had been an inspiration to many as he advanced from an undesignated, limited duty seaman to a designated petty officer. This accomplishment was followed by his subsequent selection for participation in the BOOST program, which was accomplished through his own initiative and with strong support from the command for a waiver of the minimum ASVAB scores. Given the circumstances, the CO recommended that Petitioner be discharged with a general (under honorable conditions) characterization of service. However, on 22 October 1996, the separation authority directed that the Petitioner be discharged from the Navy with an honorable characterization of service. On 12 November 1996, he was honorably discharged from the Navydue to “Homosexual Conduct/Acts.” d. With his application, Petitioner stated through counsel, that since the time of his discharge, the military has changed its policy with regard to homosexual conduct in the military. 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 narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” re-characterize the discharge to honorable, and reentry code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment, and there are no aggravating factors in the record, such as misconduct. CONCLUSION Upon review and consideration of all the evidence of record, especially in light of references (b) and (c), the Board concluded that the Petitioner’s request warrants favorable action in the form of relief. The Board found the main reason for his separation to be homosexuality and concluded that the narrative reason for separation should be changed to “Secretarial Authority,” the separation code to “JFF,” his re-entry code to “RE-1J,” and the separation authority to “MILPERSMAN 1910-164.” RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. Petitioner’s naval record be corrected, and he be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) that reflects that on 12 November 1996, Petitioner’s narrative reason for discharge was “Secretarial Authority.” Petitioner’s separation code was “JFF.” Petitioner’s reentry code be changed to “RE-1J.” And, Petitioner’s separation authority was “MILPERSMAN 1910-164.” That no further action be granted. A copy of this Report of Proceedings be filed in Petitioner’s naval record. Upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 28 December 2018. 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.