Docket No: 4498-21

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF 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  
      (2) Naval record (excerpts) 
 
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 per reference (c).  Petitioner requests adjustment of his Certificate of Release or Discharge from Active Duty (DD Form 214), characterization of service to honorable, narrative reason for separation to secretarial authority, separation code to JFF, and reenlistment code to RE-1.  Enclosure (2) applies. 
 
2.  The Board consisting of  and  reviewed Petitioner’s allegations of error and injustice on 6 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 review the application on its merits.   
 
     c.  Petitioner enlisted in the Navy and began a period of active service on 19 July 1985.  On 7 September 1988, Petitioner was discharged with an honorable characterization of service by reason of immediate reenlistment.  On 8 September 1988, Petitioner began a second period of active duty.  On 1 May 1989, Petitioner was interviewed by a medical officer and admitted to being bisexual.  On 11 May 1989, Petitioner submitted a statement admitting his engagement in bisexual and homosexual acts.  On 29 June 1989, Petitioner was notified of the initiation of administrative separation proceedings by reason of misconduct due to homosexuality.  On 6 July 1989, Petitioner elected to waive all his procedural rights.  On 13 July 1989, the Petitioner’s commanding officer forwarded Petitioner’s separation package to the separation authority recommending Petitioner’s separation with an honorable characterization of service by reason of misconduct due to homosexuality.  On 28 July 1989, the separation authority approved Petitioner’s discharge with a characterization of service based on “type warranted by service.”  On 28 August 1989, Petitioner was discharged with a general characterization of service. 
 
     d.  References (b) and (c) set 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. 
 
     e.  Petitioner contends that he did not have any incidents involving misconduct and successfully fulfilled numerous leadership roles while in service. 
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, and especially in light of references (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.  The Board further concluded that there were no aggravating factors in Petitioner’s record. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable” characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, and “JFF” separation code.   
 
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 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. 
                                                                    
								  8/20/2021
								  Executive Director