DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 11298-12
6 December 2012
From: Chairman, Board for Correction of Naval Records
Te : Secretary of the Navy
Subj: REVIEW NAVAL RECORD cr Ss
GE (RECONSIDERATION)
Ref: (a) 10 U.S.C. 1552
(b) 10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149 with attachments
{2) BCNR Dec Doc CRS docket No: 11228-7 dtd 2 Dec 08
(3) Case summary
(4) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former officer of the Navy, filed enclosure (1) with this Board
requesting, in effect, that his narrative reason for separation
“homosexual admission", separation program designator (SPD) “GRB”
(homosexual admission) and reentry code be changed per reference
(b). Additionally, he requested that recoupment efforts
regarding his Reserve Officer Training Corps (ROTC) education
tuition stop, and any funds paid be refunded as a result of his
discharge. This case was originally denied on 8 October 2008
(enclosure(2)).
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 4 December 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 in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
tt = =
c. Petitioner enlisted in the Navy and was commissioned as an
officer on 9 May 2004. On 12 September 2006, he submitted a
written 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 admission. He was so discharged on
21 September 2007. At that time he was not assigned a reentry
code due to the fact that commissioned officers are not assigned
them unlike enlisted members of the naval service. Additionally,
recoupment efforts of ROTC education tuition assistance funds
commenced.
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”, to re-
characterize the discharge to honorable and/or request to change
the 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
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 partial relief in the form of his narrative reason for
separation be changed to “secretarial authority” and SPD be
changed to “JFF”. With regard to stopping the recoupment of his
ROTC tuition assistance as a result of his discharge, the Board
found it to be inappropriate. In light of the Board’s relief, he
may again serve in the Navy and not be required to repay the
tuition. According, the Board directs the following limited
corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
his narrative reason for separation was “secretarial authority”
vice “homosexual admission” and that his SPD code be changed to
“JFF” vice “GRB”. If he wishes to re-affiliate, or be reinstated
in the Navy, he should contact the Navy Recruiting Command via
his nearest recruiting facility.
b. That no further relief be granted.
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 7 October 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. +
\y
W. DEAN PF
Executive Diredt
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