ht
DEPARTMENT GF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01207-14
10 April 2014
From; Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD * iP
Ref: (a) 10 U.S.C. 1552
(b) 10 U.S.C. 654 (Repeal)
Enci: {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 Navy, filed enclosure (1) with-this
Board requesting, in effect, that his “GENERAL UNDER HONORBLE -
CONDITIONS” characterization of service be changed per reference
(b). He also impliedly requested that the separation authority
“MILPERSMAN 3630400", separation program designator (SPD) “HRA",
reentry code of “RE-4” (not recommended for retention), and
narrative reason for ae ponabion “HOMOSEXUAL CONDUCT ACTS” be
changed per reference (hb)
2. The Board, consisting of Messrs. Zsalman and Exnicios and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 9 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 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 Navy and began a period of
active duty on 13 March 1995. On 10 January 1996, he submitted a
statement admitting that he was a homosexual. A command
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 to the separation authority recommending that.
he be separated from the Navy with an honorable discharge. On 26
March 1996, the separation authority directed that he be assigned
a characterization of service based on his enlisted performance
evaluations. On 4 April 1996, he received a general discharge
and was assigned an RE-4 reentry code.
c. Petitioner’s characterization of service should have been
based on his individual trait averages computed from marks
assigned on a periodic basis. His overall trait average was 3.3.
At the time of his service, an average of 2.0 was required for a
fully honorable characterization of service. .
d. 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
characterization of service to honorable, 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 his record of service and
current Department of the Navy policy as established in reference
(b), that relief in the form of his characterization of his
service be changed to honorable, narrative reason for separation
be changed to “secretarial authority”, SPD be changed to “JFF",
reentry code be changed to “RE-1J", and the separation authority
to read “MILPERSMAN”. In view of the above, the Board directs the
following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 4 April 1996, he received an honorable discharge, that the
narrative reason for separation was “secretarial authority”, vice
“HOMOSEXUAL CONDUCT ACTS”, that his SPD code be changed to “JFF”
vice “HRA”, that he be issued an “RE-1J"” vice an “RE-4” reentry
code, and change the separation authority to read “MILPERSMAN”.
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.
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on S November 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.
Te wk >, ee
ROBERT D. ZSALMAN
Acting Executive director
NAVY | BCNR | CY2013 | NR7167 13
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his other than honorable (OTH) characterization of service assigned on 19 November 1983 be changed. The Board, consisting of Messrs. Zsalman, Bey, and Clemmons, reviewed Petitioner's allegations of error and injustice on 12 August 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be...
NAVY | BCNR | CY2012 | 04781-12
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his narrative reason for separation “homosexual act", his separation program designator (SPD) “HRA” (homosexual admission) and “RE-4” (not recommended for retention) reentry code be changed per reference (b). The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios, reviewed Petitioner's allegations of error and injustice on 2...
NAVY | BCNR | CY2013 | NR2436-13
Pursuant to the provisions of reference (a), Petitioner, a former officer of the Navy, filed enclosure (1) with this Board _ requesting, in effect, that her characterization of service - “Under other than honorable (OTH) conditions", narrative reason for separation, “homosexual conduct”, Separation Program Designator (SPD) “HRB”, and “RE-4” {not recommended for retention) reentry code, be changed per reference (b). It provides service Discharge Review Boards with the authority to grant...
NAVY | BCNR | CY2014 | NR0698 14
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. The Board concludes that based upon her overall record of service and the Navy’s policy as established in reference (c), that...
NAVY | BCNR | CY2012 | 06394-12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O1 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SIN Docket No: 06394-12 2 July 2012 From: Chairman, Board for Correction of Naval Records Secretary of the Navy Subj: REVIEW NAVAL RECORD OF (hei Ref: (a) 19 U.8.¢. 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 narrative reason for separation...
NAVY | BCNR | CY2014 | NR2623 14
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his RE-4 (not recommended for retention) reentry code be changed per reference (b). The Board, consisting of Messrs. Zsalman and Exnicios and Ms. Montgomery, reviewed Petitioner's allegations of error and injustice on 3 June 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on...
NAVY | BCNR | CY2011 | 01318-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BIG Docket No: 1318-11 8 November 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF qe Ref: {a) 10 U.S.C. The Board, consisting of Ms. Aldrich and Messrs. McBride and Whalen, reviewed Petitioner's allegations of error and injustice on 1 November 2011 and, pursuant to its regulations, determined that the corrective action...
NAVY | BCNR | CY2011 | 00245-11
Pursuant to the provisions of reference (a), Petitioner, a. former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his RE-4 (not recommended for retention) reentry code be changed to RE-1lJ per reference (b). The Board, consisting of Mr. Dixit, Ms. Henkel, and Mr. Spain, reviewed Petitioner's allegations of error and injustice on 12 October 2011 and, pursuant to its regulations, determined that the corrective action indicated below should...
NAVY | BCNR | CY2012 | 00227-12
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his “RE-4” (not recommended for retention) reentry code be changed per reference (b). The Board, consisting of Messrs. Pfeiffer, Zsalman, and Exnicios, reviewed Petitioner's allegations of error and injustice on 27 September 2012 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on...
NAVY | BCNR | CY2013 | NR3038-13
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting, in effect, that his separation authority . “NMPCMAN 3630400”, narrative reason for separation “Homosexuality ~ Stated he is a homosexual or bisexual”, “RE-4" (not recommended for retention) reentry code, and Separation Program Designator (SPD) “HRB” be changed per reference (b). It provides service Discharge Review Boards with the authority to grant...