From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF FORMER  , 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 Records Following Repeal 
          of 10 U.S.C. 654) 
 
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 narrative reason for separation, reenlistment code, and separation program designator (SPD) be changed.  Implicit in this request is that changes also be made to Petitioner’s separation authority indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214).           
 
2.  The Board, consisting of Mr. , Mr. , and Mr.  reviewed Petitioner's allegations of error and injustice on 18 August 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 and began a period of active duty on 9 April 1979.   
 
     d.  On 9 December 1980, Petitioner received non-judicial punishment (NJP) for an unauthorized absence.  According to the information in the record,  Petitioner was convicted by civilian authorities of wrongful possession of marijuana.   
 
     e.  On 20 January 1981, Petitioner provided a statement on an investigating officer professing to be a homosexual. 
 
     f.  6 February 1981, Petitioner was notified that he was being recommended for administrative separation from the Navy by reason of misconduct due to homosexual involvement.  Petitioner was advised of, and waived his procedural rights, to include, his right to consult with military counsel and to present his case to an administrative discharge board (ADB). 
 
     g.  Petitioner’s commanding officer (CO) then forwarded his administrative separation package to the separation authority (SA) recommending administrative discharge from the Navy with an other than honorable (OTH) characterization of service.  The SA approved the CO’s recommendation for administrative discharge from the Navy by reason of misconduct due to homosexual acts, however, directed that Petitioner’s characterization of service be warranted by his service record.  On 13 March 1981, Petitioner was discharged with an honorable characterization of service. 
 
     h.  Petitioner contends that when he was needing help all of these years he was turned down.  Petitioner asserts that it has taken over 30 years to get disability from the “VA,” and it has been a lot of trauma to get through. 
 
     i.  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 the law and policy established in references (b) and (c), the Board concludes that Petitioner’s request warrants relief.  The Board concluded that the record should be changed to reflect a less stigmatizing reason for separation by changing Petitioner’s narrative reason for separation, reenlistment code, SPD code, and separation authority.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 indicating that on 13 March 1981 Petitioner’s narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1,” and the separation authority was “MILPERSMAN 1910-164.” 
No further action be granted. 
 
That 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. 
 
Executive Director