DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 1318-11
8 November 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF qe
Ref: {a) 10 U.S.C. 1552
(b) 10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149 with attachments
(2) Subject’s naval record
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 her RE-4 (not recommended for retention) reentry
code be changed to RE-1J per reference (b). She also impliedly
requested that her Separation Program Designator (SPD) code of
“GRB” and narrative reason for separation, “Homosexuality,” be
changed.
2. The Board, consisting of Ms. Aldrich and Messrs. McBride
and Whalen, reviewed Petitioner's allegations of error and
injustice on 1 November 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 2 November 1987. On 26 July 1990, she received
nonjudicial punishment (NUP) for absence from her appointed
place of duty. Although her record ig incomplete, it appears
that she made a statement admitting to being involved in a
homosexual act. Based on her admission, she was
administratively separated with a type warranted by service
record general characterization discharge due to homosexuality,
given an SPD code of GRB (Homosexuality), and 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”, 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 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 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 Petitioner’s general characterization
of service is correct based on her one NUP. The Board further
concludes that based upon her overall record of service and
current Department of the Navy policy as established in
reference (b), relief in the form of her narrative reason for
separation be changed to “Secretarial Authority”, SPD code be
changed to “JFF”, and reentry code be changed to “RE-1uU".
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “Homosexuality”, that her SPD code be changed to “JFF”
vice “GRB”, and was issued an “RE-1U" vice an “RE-4”" reentry
code on 19 October 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 7 February 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. ZSALMAN BRIAN Ghvsen ly ong
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.
\D Donte?
W. DEAN PF F
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