DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01875-13
20 March 2013
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF ina mmms aaa:
oT
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
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 admission” assigned on 17 October 1997 be
changed per reference (b). He also impliedly requested that his
Separation Program Designator (SPD) “HBR” and “RE-4" (not
recommended for retention) reentry code be changed.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
Exnicios, .reviewed Petitioner's allegations of error and
injustice on 20 March 2013 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 igs in the interest of justice to waive the statute of
limitations and review the application on its merits.
c. Petitioner reenlisted in the Navy on 27 November 1996. He
previously served over six years of honorable service. On
7 October 1997, he made a statement admitting to being bisexual.
Subsequently, he was administratively processed for separation by
reason of homosexual 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 17 October 1997.
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 teil” (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”, SPD
code to “dFF”", to re-characterize the discharge to honorable
and/or request to change the reentry code to an immediately
eligible to reenter category of “RE-1lg", 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 (bo), 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, prior
honorable 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-lu”.
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
\JFF” vice “HBR”, and that he was issued an “RE-1J”" vice
“RE-4" reentry code on 17 October 1997. Additionally, that he
not be required to repay any separation pay received as a result
of his original discharge and be issued a new Certificate of
Release or Discharge from Active Duty (DD Form 214) certificate
is directed.
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 6 February 2013.
A. 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.
Qin Hey
ROBERT D. ZSALMAN BRIAN J. GEORG
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.
D Dea,
Executive dayeat
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