DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2496
SIN
Docket No: 06346-13
26 February 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Oe i , (ey
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 Marine Corps, filed enclosure {1)
with this Board requesting, in effect, that his narrative reason
for separation “Discharge (Homosexual Conduct)”, Separation
Program Designator (SPD) “HRB1”, and “RE-4” (not recommended for
retention) reentry code, be changed per reference (b). He also
requested a change to the separation authority, “MARCORSEPMAN
PAR. 6207",
2. The Board, consisting of Messrs. Zsalman and Exnicios, and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 25 February 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 Marine Corps and began a
period of active duty on 19 September 1994. On 31 January 1996,
he made a statement admitting to being a homosexual.
Subsequently, he was administratively processed for separation by
reason of homosexuality due to his own 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 conduct. He was so discharged on 8 March
/ 1996. At that time he 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 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", and the
reentry code to an immediately eligible to reenter category of
“RE-iJ”, 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 his 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 be changed
to “dFF1", and reentry code be changed to “RE-17".
Additionally, in the absence of reference (b) providing no
guidance as to changing the separation authority, the Board
directs that. the separation authority be change to read —
“MARCORSEPMAN”
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “secretarial authority”
vice “Discharge (Homosexual Conduct)”, that his SPD code be
changed to “JFF1" vice “HRB1”, and that he was issued an “RE-1J"
' vice “RE-4” reentry code on 8 March 1996. .Additionally, the
separation authority be changed to read ““MARCORSEPMAN” vice .
“MARCORSEPMAN PAR. 6207.2", and the issuance of a new Certificate
of Release or Discharge from Active Duty (DD Form 214) 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 19 June 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. GEORGE
Recorder _ oe _ 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 | Seeretaxy of the Navy.
TR ede DD. Kind
ROBERT D. ZSALMAN —
Acting Executive director
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