DEPARTMENT OF THE NAVY
SOARD FOR CORRECTION OF NAVAL RECORDS
7901 S. COURTHOUSE ROAD, SUITE t00i
ARLINGTON, VA 22204-2490
SUN
Docket No: 02623-14
5 June 2014
Prom: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF Po
Ref: (a) 10 U.S.C, 1552
a
(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 RE-4 (not recommended for
retention) reentry code be changed per reference (b). He also
impliedly requested that the separation authority “MILPERSMAN
1910-148/PERS MSG DTD R 2114002 MAY 08", separation program
designator (SPD) “HRB” (homosexual admission), and narrative
reason for separation “HOMOSEXUAL ADMISSION” 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 3 June 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 28 August 2006. On 30 January 2007, he received
nonjudicial punishment (NJP) for unauthorized absence and making
a false official statement. He received restriction and a
forfeiture of pay. On 30 April 2008, 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 homosexual conduct due to his own
admission. His commanding officer forwarded his case and the
separation authority directed an honorable discharge. He was so
discharged on 2 June 2008. At that time he was assigned an RE-4
reentry 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-17", 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, including his NUP, 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”, and reentry code be changed
to “RE-1J". Additionally, the separation authority should be
changed 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
the narrative reason for separation was “secretarial authority”,
vice “HOMSEXUAL ADMISSION”, that his SPD code be changed to “JFF”
vice “HRB”, and that he was issued an “RE-1J” vice an “RE-4”
reentry code on 2 June 2008. Additionally, the separation
authority should be changed to read “MILPERSMAN”. 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.
ec. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 13 December 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. Z2SALMAN 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.
Tete Smt
ROBERT D. ZSALMAN
Acting Executive director
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