Docket No: 3459-21 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER MEMBER       XXX-XX- 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 Repealof 10 U.S.C. 654) 
 (d) USECDEF Memo, “Guidance to Military Discharge Review Boards and Boards for  
   Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency    Determinations,” of 25 July 2018 
     
Encl:  (1) DD Form 149 with attachments 
    (2) Case summary 
     
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by upgrading the characterization of service, changing the narrative reason for separation and separation authority to “secretarial authority,” and changing the RE-4 reentry code to RE-1 on his Certificate of Release or Discharge from Active Duty (DD Form 214).   
 
2.  The Board consisting of Mr. , Mr. , and Ms.  reviewed Petitioner’s allegations of error and injustice on 9 August 2021, and pursuant to its regulations, determined the corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
 
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 review the application on its merits.   

     c. Petitioner enlisted in the U.S. Navy on 11 February 1954.  He commenced his third enlistment on 13 February 1962.  On 10 March 1966, while being interviewed by an office of naval intelligence special agent, Petitioner admitted to, and submitted a sworn statement stating he had engaged in homosexual conduct.  On 11 March 1966, Petitioner submitted a request to be discharged for the good of the service to escape trial by court martial.  Subsequently, Petitioner was notified of pending administrative separation action by reason of unfitness due to his homosexuality.  Petitioner’s commanding officer forwarded Petitioner’s separation package to the discharge authority recommending administrative separation by reason of unfitness with a general, under honorable conditions, characterization of service.  Petitioner was discharged on 13 April 1966 and assigned an RE-4 (not recommended for reenlistment) reentry code.  However, the discharge authority directed Petitioner be discharged with an other than honorable characterization of service. 
 
     d. Petitioner contends he was forced out of the military for his sexual orientation.  Petitioner further contends “he has lived with the stigma of having a less than honorable discharge for fifty-four years.  As a result of his discharge, his life has forever changed.”  Petitioner would like his discharge to reflect his 12 years of performance.   
 
     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 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) through (d), the Board concludes Petitioner’s request warrants relief.  The Board noted Petitioner’s record supports that he was solely discharged on the basis of homosexuality 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 and new discharge certificate 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. 
 
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
8/20/2021
Executive Director