DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 04997-12
239 August 2012
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj:. REVIEW NAVAL RECORD OF
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
(4) HOMC MMEA memo dtd i1 Jun 12
1. Pursuant to the provisions of reference (a), enclosures (1)
through (4) are forwarded. petitioner, a former enlisted member
of the Marine Corps, filed enclosure (1) with this Board
requesting, in effect, that he receive full or half separation
pay aS a result of his discharge. He also impliedly requested
that his narrative reason for separation, "homosexual admission",
Separation Program Designator (SPD) “*GRB1" and reentry code of
*“RE-4" be changed.
2. The Board, consisting of Messrs. Grover, Pfeiffer, and
Genteman, reviewed Petitioner's allegations of error and
injustice on 28 August 2012 and, pursuant. to its regulations,
determined that the limited 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 ina timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 6 March 2000. He served without
incident for over five years until 9 November 2005, when he made
a statement admitting to participating in homosexual acts with
another Marine. 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 a general discharge due to
convenience of the government by reason of homosexual admission.
He was so discharged on 17 July 2006. At that time he was
assigned an RE-4 (not recommended for reenlistment) reentry code.
On 1 November 2010, the Naval Discharge Review Board changed his
characterization of service to honorable but did not change the
narrative reason “homosexual admission” for his discharge.
d. Enclosure (4) is an advisory opinion from the
Headquarters Marine Corps recommending partial favorable action.
The memorandum recommends that Petitioner receive half separation
pay and that he contact his local Recruiting Station for
information regarding joining the Individual Ready Reserve.
e. 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", to re-
characterize the discharge to honorable and/or request to change
the reentry code to an immediately eligible to reenter category
of “RE-1lu", 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) and enclosure (4), the Board
concludes that Petitioner's request warrants limited favorable
action in the form of partial 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 “JFF1", and reentry code be changed to *RE-10". Further, that
he receive half separation pay as a result of his discharge. In
view of the above, the Board directs the following limited
corrective action. ;
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for Separation was “secretarial authority”
vice “homosexual admission”, that his SPD code be changed to
“JFF1” vice “GRB1”, and that he was issued an “RE-1J" vice
“RE-4" reentry code on 17 July 2006. Additionally, the issuance
of a new Certificate of Release or Discharge from Active Duty
(DD Form 214) certificate is directed.
b. That he receive half separation pay as result of his
discharge.
c. That a copy of this report of proceedings be filed in
Petitioner's naval record.
d. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 18 October 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.
Rain Hrorgr
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
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.
Lo .Rean
W. DEAN PF
Executive dite
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