DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 01774-14
1 May 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
i. 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 general
characterization of service, separation program designator (SPD)
“HRA1”, RE-4 (not recommended for retention) reentry code,
and narrative reason for separation “HOMOSEXUAL ACT” be changed
per reference (b). She also impliedly requested that the
separation authority “MARCORSEPMAN PAR. 6207” be changed.
2. The Board, consisting of Messrs. Zsalman and Exnicios and
Ms. Montgomery, reviewed Petitioner's allegations of error and
injustice on 30 April 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 and began a
period of active duty on 10 September 2008. On 1 July 2009, she
received nonjudicial punishment (NJP) for 29 days of unauthorized
absence {UA}. She received a suspended reduction in paygrade and
forfeiture of pay. On 30 September 2009, she was counseled
regarding her homosexual conduct and given specific
recommendations for corrective action. On 23 September 2009, it
was recommended that she be processed for administrative
separation for homosexual conduct and that she receive a general
discharge. On 29 September 2009, administrative discharge action
was initiated by reason of convenience of the government due to
homosexual conduct. She submitted a statement admitting to being
a homosexual, and after being afforded all of her procedural
rights, her case was forwarded to the separation authority. On
16 December 2009, it was directed that she receive a general
discharge. She was so discharged on 22 December 2009. At that
time she was assigned an RE-4 reentry code. ae
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
characterization of service, narrative reason for discharge to
“secretarial authority”, separation program designator (SPD) code
to “JFF1", 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 partial favorable action in the
form of relief.
The Board concludes that based upon her overall record of
service, including her NJP for UA, 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”, reentry code
be changed to “RE-1J", and the separation authority to
“MARCORSEPMAN”, The Board is not willing to change her
characterization of service given her NJP, short period of
service, and in the absence of conduct marks, presumed regularity
based on her official record of service. 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”,
vice “HOMOSEXUAL ACT”, that her SPD code be changed to “JFF1”
vice “HRA1”, she was issued an “RE-1J” vice an “RE-4" reentry
code, and separation authority be changed to “MARCORSEPMAN” vice
“MARCORSEPMAN PAR 6207” on 22 December 2009. Additionally, the
issuance of a new Certificate of Release or Discharge from Active
Duty (DD Form 214) is directed.
b. That no further relief be granted.
c. That a copy of this report of proceedings be filed in
Petitioner's naval record.
d. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 7 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
5S. 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 Da
ROBERT D. ZSALMAN
Acting Executive director
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