DEPARTMENT OF THE NAVY -
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 7970-13
14 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
(b) SECNAVINST 1910.4B
{c) UNDSECDEF Memo 20 Sep 11
Encl: (1) DD Form 149
(2) 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 characterization
of service be changed from a general discharge to honorable.
2. The Board, consisting of Messrs. Spain, Boyd, and Storz,
reviewed Petitioner's allegations of error and injustice on 5
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 on 16 May 2005.
He was not the subject of any disciplinary action. Oni
December 2006 he made a written statement in which he admitted
to engaging in homosexual acts. On 8 December 2006 he received
a general discharge by reason of homosexual conduct and was
assigned a reentry code of RE-1A.
c. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedures for administratively .
separating 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 discharge to
“secretarial authority”, SPD code to “SPE”, to recharacterize
the discharge to honorable and/or request to change the reentry
code to an immediately eligible to reenter category of “RE-1d",
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 (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 Department of Defense's policy as established in
reference (c), that relief in the form of his characterization
of service be changed to “honorable” vice “general”, that the
narrative reason for separation be changed to “secretarial
authority”, and the reentry code to “RE-10".
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that the
characterization of service be changed from “general” to
“honorable”, that the narrative reason for separation be changed
to “secretarial authority”, and that he was issued an “RE-1g"
vice “RE-1A” reentry code on 18 December 2006.
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.
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 deliberation, 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 Regulations, 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.
ROBERT D. ZSALMAN
Acting Executive Director
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