DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOROS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 00698-14
1 May 2014
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD or
Ref: (a) 10 U.S.C. 1552
(b) SECNAVINST 1910.4B
(c) 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 separation code
“(HRA” (Homosexual conduct (acts)), narrative reason for
separation {Homosexual Act), and RE-4 (not recommended for
retention) reentry code issued on 26 March 2010, be changed.
2. The Board, consisting of Mr. Zsalman, Mr. Marquez, and Ms.
White-Olson, reviewed Petitioner's allegations of error and
injustice on 30 April 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 ail 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 23 September 2002. She served without
incident until 11 January 2010, when an investigation was
conducted and photographs identified that she had engaged ina
homosexual act with a fellow Marine. Subsequently, she was
administratively processed for the homosexual act. Her
commanding officer forwarded her case and the separation
authority directed an honorable discharge. She was so
discharged on 26 March 2010.
dad. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedutes: for administratively | 2
separating service members due’ to homosexuality. Referetice (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” 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. The appropriate separation code for Secretarial
Authority is JFF. The correct reentry code is RE-1J.
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 her overall record of
service and the Navy’s policy as established in reference (c),
that relief in the form of her narrative reason for separation
be changed to “Secretarial Authority” vice “Homosexual Acts”,
that the separation code be changed to “JFF” vice “HRA”, and
that the reentry code be changed to “RE-1J" vice “RE-4”.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “Homosexual Acts”, that the separation code be changed to
“JFF" vice “HRA”, and that the reentry code be changed to *RE-
13” vice “RE-4", effective 26 March 2010.
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.
c. That any material directed to be removed from
Petitioner’s naval record be returned to the Board, together
with a copy of this. Report of Proceedings, for retention ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
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.
a
ROBERT D. ZSALMAN BRIAN J. GEORGE
Recorder Acting Recorder
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 .
ROBERT D. ZSALMAN
Acting Executive director
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