DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490\                                                                                                                          
Docket No: 3581-21 
Ref: Signature Date  
 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW NAVAL RECORD OF FORMER P , USN, XXX-XX-    
            
Ref:    (a) 10 U.S.C. 1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c) UNSECDEF Memo OF 20 Sep 11 (Correction of Military Record following Repeal of  
                 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 this Board requesting, in effect, that his narrative reason for separation “Homosexual Admission,” be changed per reference (b).  He also implied requested that his separation program designator (SPD) “HRB,” and “RE-4” (not recommended for retention) reenlistment code be changed per reference (b).  Additionally, that the separation authority “MILPERSMAN 3630400,” be changed.  Enclosures (1) through (3) apply. 
  
2.  The Board, consisting of Mr.  Ms.  and Mr.  reviewed Petitioner's allegations of error and injustice on 23 June 2021 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 your application, together with all material submitted in support thereof, relevant portions of your naval record 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 reenlisted in the Navy on 18 February 1994.  On 22 October 1996, Petitioner made a written statement admitting that he had the propensity to engage in, or intended to engage in, homosexual acts and indicating his desire to be discharged from the Navy.  On 23 October 1996, Petitioner received non-judicial punishment (NJP) for being in an unauthorized absence (UA) status for three hours and 15 minutes.  As a result of the foregoing, administrative discharge action was initiated.  After being afforded all of his rights, it was directed that he receive an honorable discharge by reason of homosexual admission.  On 10 January 1997, he was so discharged. 
 
    d.  Reference (c) sets forth the Department of the Navy'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 the guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reentry 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 reference (b) and (c), the Board concludes that Petitioner’s request warrants relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy as established in reference (b) and (c), that relief in the form of his narrative reason for separation be changed to read “secretarial authority,” SPD code to “JFF,” and “RE-4” reenlistment code be changed to “RE-1J.”  Additionally, change Petitioner’s separation authority to read “MILPERSMAN 1910-164.”   
 
In view of the foregoing, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 10 January 1997, his narrative reason for separation was “secretarial authority,” SPD code was “JFF.” reenlistment code was “RE-1J” and his separation authority was “MILPERSMAN 1910-164.”   
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
That no further changes be made to the 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 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. 

Sincerely, 

7/5/2021
Executive Director