DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7901S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03702-13
27 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj « REVIEN Ob NAVAL RECORD OF Se
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 her RE-4 (not recommended for ~
retention). reentry code be changed per reference (b). She also
impliedly requested that her Separation Program Designator (SPD)
“HRB” and narrative reason for separation “Homosexual Admission”
be changed.
2. The Board, consisting of Mr. Zsalman, Mr. Exnicios, and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 27 March 2014 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. Petitioner: enlisted in the Navy and began a period of
active duty on 13 November 2002. On 15 September 2003, she
received nonjudicial punishment. (NgP) for failure to obey a
jawful order. She received restriction, extra duty, and three
days of bread and water. On 8 March 2005, she was counseled
regarding her continuously reporting to work smelling of alcohol
and underage drinking, and was warned that further misconduct
could result in administrative discharge action. Although her
record does not contain all of the documentation pertaining to
her discharge, it does contain the separation authority’s letter
directing that she receive an honorable discharge by reason of
homosexual admission. She was so discharged on 2 June 2006.
At that time she was assigned an RE-4 reentry code.
c. 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 Reyiew
Boards with the authority to grant requests to change the
narrative reason for discharge to “Secretarial Authority’,
Separation Program Designator (SPD) code to “JFF” and reentry
code to an immediately eligible to reenter category of RE-1id,
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
Petitionér’s request warrants favorable action in the form of .
relief.
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".
RECOMMENDATION:
-a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority” .
vice “Homosexual Admission", that her SPD code be changed to
“JFF” vice “HRB”, and was issued an “RE-1J0” vice and “RE-4”
reentry code on 2 June 2006. Additionally, the issuance of a new
Certificate of Release or Discharge from Active Duty (DD Form
214) is directed.
‘b. That, upon request, the Department of Veterans Affairs be.
informed that Petitioner's application was received by the Board
on 1 April 2013.
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 Sa J. GEonee
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.
TR
ROBERT D. ZSALMAN
Acting Executive director
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