DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Son
‘Docket No: 09467-13
5 February 2014
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF
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 her “RE-4" (not
recommended for retention) reentry code be changed per reference
(b). She also impliedly requested that her Separation Program
Designator (SPD), “HRB1”, and narrative reason for separation,
“homosexual conduct”, be changed.
2. The Board, consisting of Messrs. Zsalman and Exnicios and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 4 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. Although enclosure (1) was not filed ina 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 Marine Corps and began a period
of active duty on 26 September 2001. On 13 April 2007, she made
a statement admitting to being a homosexual. Subsequently, she
was administratively processed for separation by reason of
homosexuality due to her own admission. Her commanding officer
forwarded her case and the separation authority directed an
honorable discharge due to convenience of the government by
reason of homosexual conduct. She was so discharged on
13 July 2007. At that time she was assigned an RE-4 reentry
code.
ad. 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 “JFF1”, and reentry
code to an immediately eligible to reenter category of “RE-1J0",
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
‘The Board concludes that based upon her record of service 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 be changed
to “JFF1”, and reentry code be changed to “RE-lu”.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “secretarial authority”
vice “homosexual conduct”, that her SPD code he changed to “JFF1"
vice “HRB1”, and that she was issued an “RE-10" vice
“RE-4" reentry code on 13 July 2007. Additionally, it is
directed that she 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.
e. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 24 December 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.
Qroren
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.
_ DAB,
ROBERT D. ZSALMAN
Acting Executive. director
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