DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2499
BUG
Docket No: 5171-13
30 April 2014 —
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
(b) SECNAVINST 1910.4B
(c} 10 U.S.C. 654° (Repeal)
Encl: (1) DD Form 149 dtd 13 Apr 13 w/attachments -
(2) 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 separdtion. code. of.
“HRB” (homosexual admission), reentry code of “RE-4” {not 7°
recommended for retention), and narrative reason for. separation,
(HOMOSEXUALITY - ADMISSION), issued on 21 SEpreMmpen 1992, be
changed.
2. The Board, consisting of Messrs. Exnicios and Ruskin and Ns.
Montgomery, reviewed Petitioner's allegations of error. and ;
injustice on 29 April 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, 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 26 January 1990. He was not the subject of any
disciplinary action and was promoted in due course to pay grade
E-4. He then admitted he was a homosexual. His commanding
officer forwarded his case recommending an honorable
characterization of service due to homosexuality. The
separation authority directed an honorable characterization of
service discharge due to homosexuality. He was so discharged on
21 September 1992,
c. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedures for administratively
separating enlisted service members due to homosexuality.
Reference (c) sets forth the Department of the Navy's 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 also provides service discharge review boards with the
authority to grant requests to change the narrative reason for
separation to “Secretarial Authority” 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. Finally, it directs that the
separation code be changed to “JFF” (Secretarial.Authority) and
the reentry code be changed to “RE-1J” (recommended for
retention).
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of reference {c), the Board concludes that
Petitioner's request warrants favorable action in the form of
relief.
The Board concludes that based upon his overall record of
service and the Navy’s policy as established in reference (c),
that relief in the form of his separation code be changed to
“JFF", narrative reason for separation be changed to
“Secretarial Authority”, and reentry code be changed to “RE-1J".
In view of the above, the Board directs the following corrective
action.
RECOMMENDATION:
a, That Petitioner’s naval record be corrected to show
that the narrative reason for separation is “Secretarial
Authority” vice “HOMOSEXUALITY - ADMISSION”, the separation code
is “JFF” vice “HRB”, and the reentry code is “RE-10” vice “RE-
4", which were issued on 21 September 1992.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That any material directed to be removed from
Petitioner’s naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of 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 10 May 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 BRIAN J. rote
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 penne D>, NN
ROBERT D. ZSALMAN
Acting Executive director
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