DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02436-13
12 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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 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).
2. The Board, consisting of Messrs. Zsalman, Gattis, and
Exnicios, reviewed. Petitioner's allegations of error and
injustice on 11 March 2014 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 reviewe@ 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.
Cc. Petitioner enlisted in the Navy Reserve and began a
period of active duty on 8 August 1994. On 18 and 30 January
i995, she made statements admitting to being a homosexual and
participating in acts on base in the barracks in plain view of
another servicemember., Subsequently, she was administratively
processed for separation by reason of homosexuality due to her
own admission. Her commanding officer forwarded her case and the
_ Separation authority directed and OTH discharge due to
convenience of the government by reason of homosexual conduct.
She was so discharged on 14 April 1995. At that time she was
assigned and 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 recharacterize
discharges to “general or honorable”, narrative reason for
discharge to “secretarial authority”, and separation program
designator (SPD) code to “JFF”, and to change the reentry code to
an immediately eligible to reenter category of “RE-lud”, 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 or 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 partial favorable relief.
‘Although the Board recognizes Petitioner's participation in a
homosexual acts that occurred in the barracks, and in plain view
of another servicemember, and as such is and aggravating factor,
it concludes that based upon her relatively short period of
service and current Department of the Navy policy as established
in reference (b), relief is appropriate. The Board concludes
that due to the presence of an aggravating factor, that relief in
the form of her characterization of service be changed to
“general under honorable conditions”, narrative reason for
separation be changed to “secretarial authority”, SPD be changed
to “JFF", and. reentry code to “RE-1J". | a
RECOMMENDATION:
‘a. That Petitioner's naval record be corrected to show that
she received a “general under honorable conditions” discharge
vice the “under OTH conditions” discharge, the narrative reason
for separation was “secretarial authority” vice “homosexual
“conduct”, that her SPD code be changed to “JFF” vice “HRA”, and
_ that she was issued an “RE-1d" vice ““RE-4" reentry code on
| i4 April 1995, Additionally, that the separation authority be
changed to read “MILPERSMAN” vice “MILPERSMAN. 3630400 BUPERS WASH
DC MSG DTG 2028292 MAR 95", and that the. issuance of. a new
Certificate of Release or Discharge from Active Duty (DD Form:
214) is directed.
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 22 February 2013. So .
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 .
Tee, Tree
ROBERT, D.—ZSALMAN |
Acting Executive director
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