DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4470-21 
Ref: Signature Date
 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF FORMER 

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 character of service be upgraded to honorable. Implicit in this request is that changes also be made to Petitioner’s narrative reason for separation, reenlistment code, separation authority and separation program designator (SPD) indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). 

2. The Board, consisting of                              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 2 June 1986. 

d. On 9 September 1987, after an unsolicited appearance by the Petitioner to the Naval Investigative Service (NIS), an investigation was conducted in which Petitioner was advised of and waived his rights and signed a sworn statement admitting to homosexual activity and sodomy. On 23 September 1987, Petitioner was psychologically evaluated and diagnosed with an adjustment disorder and passive-aggressive personality disorder. 

e. On 9 October 1987, Petitioner was notified that he was being recommended for administrative separation from the Navy because of the diagnosed medical condition, fraudulent enlistment and homosexuality as evidenced by his admission of being a homosexual. 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). 

f. Petitioner’s commanding officer (CO) then forwarded his administrative separation package to the separation authority (SA) recommending administrative discharge from the Navy. As part of his recommendation, the CO commented that Petitioner’s “homosexuality is inconsistent with current directives, and contrary to good order and discipline.” The SA approved the CO’s recommendation for administrative separation and directed administrative separation from the Navy with a general (under honorable conditions) characterization of service by reason of defective enlistments and inductions due to fraudulent entry. On 18 November 1987, Petitioner was discharged. 

g. Petitioner contends that since his discharge from the military, he has not been able to obtain any government jobs; once they see fraudulent entry, they believe that he defrauded the government. Many doors have been closed because of his current military discharge and he has been unable to obtain educational benefits and currently in $180,000 in student loan debt. 

h. 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 upgrading Petitioner’s characterization of service, changing the narrative reason for separation, reenlistment code, SPD code, and separation authority. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

That Petitioner be issued a new DD Form 214 and discharge certificate indicating that on 18 November 1987, Petitioner’s characterization of service was “Honorable,” 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. 


9/5/2021