DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
. ARLINGTON, VA 22204-2490
SON
Docket No: 00323-14
6 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj outinin NAVAL RECORD OF (iy
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) reenlistment code be changed per
reference (b). She also impliedly requested that the separation
authority “MARCORSEPMAN par. 6207.3b(2)", separation program
designator (SPD) “HRB1” and narrative reason for separation
*“Discharge-involuntary-homosexuality-admission (admin discharge
board required but waived)” be changed per reference (b).
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 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 17 July 1979. On 26 July 1983, she
submitted a statement admitting that she was a homosexual. A
command investigation was conducted and 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. She was so discharged on 14 September 1983.
At that time she was assigned an RE-4 reenlistment 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-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.
The Board concludes that based upon her 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". In view of the
above, the Board directs the following corrective action.
RECOMMENDATION;
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “secretarial authority”,
vice “*Dis-Invol-homosexuality-admission (admin discharge board
required by waived)”, that her SPD. code be changed to “JFF1" vice
“HRB1”, she was issued an “RE-1J" vice an “RE-4" reenlistment
code, and separation authority be changed to “MARCORSEPMAN” on
14 September 1983. Additionally, 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.
¢. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 24 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 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.
TTR pnd D>, Kena
ROBERT D. ZSALMAN
Acting: Executive director .
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