DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 7167-13
14 August 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: _ REVIEW NAVAL RECORD or
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 other than honorable (OTH)
characterization of service assigned on 19 November 1983 be
changed. He also impliedly requested that his narrative reason
for separation “homosexual act’, Separation Program Designator
{SPD) “HRA” and “RE-4” (not recommended for retention) reentry
code be changed per reference (b).
2. The Board, consisting of Messrs. Zsalman, Bey, and Clemmons,
reviewed Petitioner's allegations of error and injustice on
12 August 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 13 July 1988. On 21 July 1993, he was observed by
other crewmembers engaging in a homosexual act onboard ship in
the ship’s laundry after it had been closed. Subsequently,
administrative discharge action was initiated by reason of
homosexual act. On 16 August 1993, his commanding officer
forwarded his recommendation to separate him by reason of a
homosexual act with an OTH discharge. On 8 November 1993, the
separation authority concurred and directed that he be separated
with an OTH discharge due to a homosexual act. He was so
discharged on 19 November 1993. At that time he was assigned an
RE-4 reentry code.
d. This was Petitioner’s only infraction. He also received
the Good Conduct Medal. én oF
e. 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’, SPD
code to “JFF”, to re-characterize the discharge to general or
honorable, and/or request to change the reentry code to an
immediately eligible to reenter category of “RE-1J"”, 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.
Although Petitioner's participation in a homosexual act onboard
ship and in open public view, are aggravating factors, the Board
concludes that based upon his overall record of service, to
include over five years of service with no disciplinary
infractions, being awarded the Good Conduct Medal, current
Department of the Navy policy as established in reference (b),
and as a matter of clemency, relief in the form of upgrading his
characterization of service is appropriate. The Board further
concludes that a general discharge is warranted in this case due
to the presence of two aggravating factors. Further, 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-1J",
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he received a “general discharge” vice “OTH”, the narrative
reason for separation was “secretarial authority” vice
“homosexual act”, that his SPD code be changed to “JFF” vice
“HRA”, and that he was issued an “RE-10" vice “RE-4" reentry code
on 19 November 1983. Additionally, it is directed that he be
issued a new Certificate of Release or Discharge from Active Duty
(DD Form 214).
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 17 July 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 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.
Ret st S. Ce ee
ROBERT D, ZSALMAN
Acting Executive director
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