DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 11673-12
6 December 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF (
Ref: ) 1552
a 1) U.S .
(b) 10 U.S.C. 654 (Repeal)
Encl:
be
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 her narrative reason for
separation “Homosexuality” be changed. She also impliedly
requested that her “RE-4” (not recommended for retention) reentry
code and Separation Program Designator (SPD) “GRA” be changed per
reference (b).
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 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.
c. Petitioner enlisted in the Navy and began a period of
active duty on 8 March 1988. On 13 June 1991, she received
nonjudicial punishment (NJP) for drunk and disorderly conduct.
She received 15 days restriction and extra duty. Although the
record does not contain any of her administrative discharge
documentation, she submitted a Request for Reconsideration
addressed to the Commander, Naval Military Personnel Command
(NMPC-83) prepared by her Defense counsel dated 31 May 1991, that
stated, in part, that she was processed for separation for
homosexuality and appeared before an administrative discharge
board (ADB) on 28 May 1991. Counsel for Petitioner further
stated that the alleged incident occurred over two years prior to
the ADB, that the civilian police officer who testify at the ADB
merely read his prior written statement from over two years prior
about an incident involving Petitioner fondling and kissing
another female in a bathroom stall at a bar out in town, that she
vehementiy denied this incident, stating that she had just broken
up with her boyfriend minutes before and her friend was only
hugging and consoling her. Counsel further stated she was
materially prejudiced in her defense by the nature of this
accusation and the way in which it was presented. Additionally,
she was denied the opportunity to confront her accusers, to
receive all documents that were to be used against her, nor was
she allowed to call witnesses on her behalf. Subsequently, the
ADB voted 2-1 that she did commit misconduct, and by a vote of
3-0 it recommended that she be separated from the Navy with an
honorable discharge. She was so discharged for homosexuality on
19 July 1991. At that time she 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", 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
relief.
The Board concludes that based upon her record of service to
include her NJP for a minor offense, no aggravating factors, the
fact that she received an honorable discharge, and current
Department of the Navy policy as established in reference (hb),
that relief in the form of her narrative reason for separation be
changed to “secretarial authority”, SPD 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
“GRA”, and that she was issued an “RE-1J” vice “RE-4" reentry
code on 19 July 1991. Additionally, it is directed that she be
issued a new Certificate of Release or Discharge from Active Duty
(DD Form 214).
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 2 November 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.
Weal
W. DEAN PFEL ER
Executive Diredgt
NAVY | BCNR | CY2012 | 11137 12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 BUG Docket No: 11137-12 4 December 2012 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub}: REVIEW OF NAVAL RECORD OF Ow ears acm. 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 his general...
NAVY | BCNR | CY2011 | 01318-11
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. 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...
NAVY | BCNR | CY2013 | NR3703-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7901S. The Board concludes that based upon her record of service, relatively minor disciplinary infractions, and current Department of the Navy policy as established in reference (b), that relief in the form of her narrative reason for separation be changed to “Secretarial Authority”, SPD code changed to “JFF”, and reentry code be changed to “RE-1J". 6(e) of the revised Procedures of the Board for Correction of Naval Records (32...
NAVY | BCNR | CY2013 | NR2436-13
Pursuant to the provisions of reference (a), Petitioner, a former officer of the Navy, filed enclosure (1) with this Board _ requesting, in effect, that her characterization of service - “Under other than honorable (OTH) conditions", narrative reason for separation, “homosexual conduct”, Separation Program Designator (SPD) “HRB”, and “RE-4” {not recommended for retention) reentry code, be changed per reference (b). It provides service Discharge Review Boards with the authority to grant...
NAVY | BCNR | CY2014 | NR0698 14
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that her separation code “(HRA” (Homosexual conduct (acts)), narrative reason for separation {Homosexual Act), and RE-4 (not recommended for retention) reentry code issued on 26 March 2010, be changed. The Board concludes that based upon her overall record of service and the Navy’s policy as established in reference (c), that...
NAVY | BCNR | CY2014 | NR5584 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. The Board concludes that based upon his overall 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 code be changed to “JFF1,” and reentry code be changed to “RE-1J.” Additionally, that the separation authority be changed to read “MILPERSMAN 1910-164.” The Board is not willing...
NAVY | BCNR | CY2011 | 00245-11
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 to RE-1lJ per reference (b). The Board, consisting of Mr. Dixit, Ms. Henkel, and Mr. Spain, reviewed Petitioner's allegations of error and injustice on 12 October 2011 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2013 | NR8162 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 8. 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 “homosexuality - stated he or she is a homosexual or bisexual”, be changed to “Secretarial Authority” per reference (b). Pursuant to the delegation of authority set out in Section é(e) of the revised Procedures of the Board for...
NAVY | BCNR | CY2013 | NR3038-13
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 separation authority . “NMPCMAN 3630400”, narrative reason for separation “Homosexuality ~ Stated he is a homosexual or bisexual”, “RE-4" (not recommended for retention) reentry code, and Separation Program Designator (SPD) “HRB” be changed per reference (b). It provides service Discharge Review Boards with the authority to grant...
NAVY | BCNR | CY2014 | NR0323 14
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps filed enclosure (1) with this Board requesting, in effect, that her RE-4 (not recommended for. The Board, consisting of Messrs. Zsalman and Exnicios and Ms. Montgomery, reviewed Petitioner's allegations of error and injustice on 6 March 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The Board...