DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03042-11
17 January 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Ey
Ref: (a) 10 U.S.C. 1552
a
(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. He also impliedly
requested that his Separation Program Designator (SPD) “HRB” and
narrative reason for separation “homosexuality-admission” be
changed.
2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and
Mr. Hess, reviewed Petitioner's allegations of error and
injustice on 12 January 2012 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 foilows:
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 reenlisted in the Navy after serving over
four years of honorable service on 21 June 1985. 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 that he receive an honorable discharge. He
was so discharged on 11 December 1986. At that time Petitioner
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 RE-1d, when the original discharge was based solely on
DADT or a similar policy and when 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 record of service, no
disciplinary actions, 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”, SPD code changed to “JFF”, and reentry code be
changed to “RE-10".
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “Homosexuality-admission”, that his SPD code be changed to
“JEFF” vice “HRB”, and was issued an “RE-1d” vice and “RE-4”
reentry code on 11 December 1986, all-now of record.
Additionally, that he be eligible to receive any separation pay
he was entitled to as a result of his original discharge, or not
be required to repay any separation pay he may have received as
a result of his original discharge.
b. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 18 March 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 Dan) J ns
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.
Wan
W. DEAN Z
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