DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SIN
Docket No: 01264-14
24 April 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 Navy, filed enclosure (1) with this
Board requesting, in effect, that his separation program
designator (SPD) “HKC”, narrative reason for separation
“homosexual acts” and RE-4 (not recommended for retention)
reenlistment code be changed per reference (b). He also
impliedly requested that the separation authority “BUPERSMAN
3420185” be changed.
2. The Board, consisting of Messrs. Zsalman and Exnicios and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 22 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 27 January 1978. On 19 January 1979, he received
nonjudicial punishment (NJP). for wrongful possession and use of
lysergic acid diethylamide (LSD) and wrongful use of marijuana.
Administrative discharge action began based on his wrongful
possession and use of drugs. After being afforded all of his
procedural rights, his commanding officer forwarded his case
stating, in part, that he had no previous record of disciplinary
action and had maintained a positive attitude toward the
military. He recommended that he be retained dependent upon
successful completion of counseling. On 26 January 1979 the
separation authority directed that he be retained on active duty.
On 12 February 1979, he submitted a statement admitting to
participating in homosexual acts. 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 and the separation
authority directed an honorable discharge. He was so discharged
on 23 March 1979. At that time he was assigned an RE-4
reenlistment code. w
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-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 favorable action in the form of
relief.
The Board concludes that based upon his overall record of
service, to include his NJP for wrongful drug use, which he was
retained and given an opportunity earn a better characterization
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 “JFF”, reentry code be changed to
“RE-10"”, and the separation authority be changed to “BUPERSMAN”.
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 “homosexual acts”, that his SPD code be changed to “JFF”
vice “HKC”, that he was issued an “RE-1J” vice an “RE-4”
reenlistment code, and separation authority be. changed to
“BUPERSMAN", effective 23 March 1979. 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 6 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.
Tek DD. Co
ROBERT D, ZSALMAN
Acting Executive director
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