DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00245-11
18 October 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD CH sQGAAgDSI INRA ann
Ref: (a) 10 U.S.C. 1552
(b) 10 U.S.c. 654 (Repeal)
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
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 RE-4 (not recommended for
retention) reentry code be changed to RE-1lJ per reference (b).
He also impliedly requested that his separation code “HRB” and
narrative reason for separation “homosexuality-states that he is
a homosexual” be changed.
2. The Board, consisting of Mr. Dixit, Ms. Henkel, and
Mr. Spain, reviewed Petitioner's allegations of error and
injustice on 12 October 2011 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 the enclosures, naval
records, 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. Petitioner enlisted in the Navy and began a period of
active duty on 10 August 1988. He served without incident until
he submitted a statement admitting to participating in homosexual
acts since joining the service. Subsequently, he was
administratively processed for separation by reason of
homosexuality due to his own admission. His commanding officer
forwarded his case and the separation authority directed an
honorable discharge. He was so discharged on 17 December 1990.
At that time he was assigned an RE-4 reentry code.
c. Reference (b) 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 authority to grant requests to change the
narrative reason for discharge to “Secretarial Authority”,
Separation Program Designator (SPD) code to “JFF” and reentry
code to an immediately eligible to reenter category of RE-1J,
when the original discharge was based solely on DADT or a similar
policy in place prior to enactment 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), the Board concludes that
Petitioner's request warrants favorable action in the form of
relief.
The Board concludes that based upon his overall record of service
and current Department of the Navy policy as established in
reference (b), that relief in the form of his narrative reason
for separation be changed to “Secretarial Authority”, separation
code change to “JFF”, and reentry code be change to “RE-1J”.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “Homosexuality”, that his SPD code be changed to “JFF” vice
“HRB”, and was issued an “RE-1J” vice an “RE-4"” reentry code on
17 December 1990, all now of record.
b. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 5 January 2011.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c) 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.
ROBERT D. 4SALMAN BRIAN GEORGE
Recorder Acting Recorder
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.
AD pe9D, inten
3 a
FOUCW. DEAN PFELFFER
Executive director
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