DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket, No: 00159-14
7 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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 Reserve filed
enclosure (1) with this Board requesting, in effect, that his
RE-4 (not recommended for retention) reenlistment code be changed
per reference (b). He also impliedly requested that the
Separation authority “MARCORSEPMAN Par. 6207.3b(2)", separation
program designator (SPD) “HRBI - Discharge involuntary-
homosexuality-admission (Admin Discharge Board required but
waived)” be changed per reference (b) . ‘Additionally, he
requested that his official records be changed by removing ali
documents pertaining to his discharge and be re-instated on
active duty.
2. The Board, consisting of Messrs. Zsalman and Exnicios, and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 6 March 2014 and, pursuant to its regulations,
determined that the limited 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 Reserve and began
a period of active duty for training on 14 July 1989. on
i2 February 1990, he was honorably released from active duty
after. completing his required service and transferred to his
reserve unit. On 12 September 1992, he submitted a statement
admitting that he was a homosexual. An investigation was
conducted and 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. He was so
discharged on 26 May 1993. At that time he was assigned an RE-4
reenlistment code. ,
¢. Reference (b) only 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 the
reenlistment code to an immediately eligible to reenter category
Of “RE-10", 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 partial favorable action in the
form of relief.
The Board concludes that based upon his overall 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 “JFF1”, reenlistment code be changed to “RE-1d”, and
the separation authority to “MARCORSEPMAN”. The Board is not
willing to reinstate him since he was discharged over 20 years
ago and there is no evidence he could pass an enlistment
physical. In view of the above, the Board directs the following
limited corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
the narrative reason for separation was “secretarial authority”,
that his SPD code be changed to “JFF1" vice “HRB1 - Discharge
involuntary homosexuality admission (Admin Discharge Board
required by waived)”, that he was issued an “RE-10”" vice an
“RE-4" reenlistment code, and separation authority be changed to
read “MARCORSEPMAN” on 26 May 1993. .
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 1 May 2012.
d.. That no further relief be granted.
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.
Senet SS, Ene
ROBERT D. ZSALMAN
Acting Executive director
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