DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 04781-12
2 July 2012
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Ref: (a) 10: U.Ss€; L552
(bo) 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 narrative reason for
separation “homosexual act", his separation program designator
(SPD) “HRA” (homosexual admission) and “RE-4” (not recommended
for retention) reentry code be changed per reference (b).
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 2 July 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
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 statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Navy and began a period of
active duty on 21 September 1994. On 20 March 1995, he made a
statement admitting to being a homosexual. 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 due to convenience of the government by
reason of homosexual conduct. He was so discharged on 26 May
1995. At that time he was assigned an RE-4 reentry code.
d. 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
reenlistment 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 based upon his 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”, SPD be changed
to “JFF”, and reentry code be changed to “RE-1J”.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “secretarial authority”
vice “homosexual act”, that his SPD code be changed to “JFF"” vice
“HRA”, and that he was issued an “RE-1d" vice “RE-4” reenlistment
code on 26 May 1995.
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 30 April 2012.
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 J. 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.
W. DEAN PFI ]
Executive or
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