Docket No: 3794-21
Ref: Signature Date  
 
From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW NAVAL RECORD OF,  
        
            
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), Subject, hereinafter referred to as Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his characterization of service “Other Than Honorable Conditions (OTH)” be changed per reference (b).  He also implied and requested that his narrative reason for separation “Homosexual Acts,” “RE-4” (not recommended for retention) reenlistment code be changed per reference (b).  Additionally, that the separation authority “BUPERS MANUAL C-10311,” be changed.  Enclosures (1) through (3) apply. 
  
2.  The Board reviewed Petitioner’s allegations of error and injustice on 7 June 2021 and, pursuant to its regulations, determined that 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 waive the statute of limitations and review the application on its merits. 
 
    c.  Petitioner enlisted in the Navy on 6 December 1967.  On 18 October 1968, a summary court-martial (SCM) convicted Petitioner of attempted larceny and failure to obey a lawful order.  On 7 January 1969, Petitioner admitted to engaging in a homosexual act with another Sailor.  On 15 January 1969, Petitioner received an additional SCM for wrongful use of Talwin.  As a result, administrative separation action was initiated.  After being afforded all of his rights, it was directed that he receive an OTH discharge by reason of homosexual acts.  On 25 March 1969, 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 separation 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. 
 
    e.  Based on the guidance, reflected in reference (c), from the Office of the Secretary of Defense (OSD) and Department of Defense (DOD).  Former military personnel who have legally changed their name and sex, or are the subject of gender reassignment, may have their Certificate of Release or Discharge from Active Duty (DD Form 214) changed to accurately reflect their present name and sex/gender.  In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions.  However, the provisions/guidance only apply to the service-member’s DD Form 214.   
 
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 characterization of service be changed to read “General under Honorable Conditions,” narrative reason for separation be changed to read “Secretarial Authority,” and reenlistment code to “RE-1J.”  Additionally, change his separation authority to read “MILPERSMAN 1910-164.”  
 
In view of the foregoing, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s record be corrected to show that on 25 March 1969, his characterization of service was “General under Honorable Conditions,” his narrative reason for separation was “Secretarial Authority,” 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, 

7/15/21

Executive Director