DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490                                                                                                                               
Docket No: 9734-19 
Ref: Signature Date 
 
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 (Correction of Military Records Following Repeal of 10 U.S.C. 654)  
             of 20 Sep 11 
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
       
1. Pursuant to the provisions of reference (a), Petitioner, the brother of a former enlisted Sailor, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his late brother’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be changed to reflect an upgraded characterization of service.  Enclosures (1) and (2) apply.  
 
2.  The Board, consisting of ,   ,    and   reviewed Petitioner's allegations of error and injustice on 9 October 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, 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.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  
 
     b.  Petitioner’s brother (Subject) enlisted in the Navy and began a period of active service on 22 March 1963.  On 9 December 1963, Subject made a statement outlining his pre-service acts and in-service sexual history.  On 23 December 1963, Subject signed a document stating he accepted an undesirable discharge for the good of the service and to escape trial by general court-martial.  On 27 December 1963, Subject’s Commanding Officer recommended discharge with an undesirable discharge by reason of unfitness.  After an Enlisted Performance Evaluation Board recommended an undesirable discharge by reason of unfitness, the discharge authority directed an undesirable discharge by reason of unfitness.  On 23 January 1964, Petitioner was discharged.   
 
      c.  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 Subject’s record supports that he was solely discharged on the basis of sexuality and no aggravating factors existed.  
 
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”.   
 
Petitioner be issued an honorable discharge certificate. 
 
No further changes be made to Subject’s record. 
 
A copy of this report of proceedings be filed in Subject’s naval record. 
 
Upon request, the VA be informed that the application was received by the Board on 11 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.