DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 100i
ARLINGTON, VA 22204-2490
TAL
Docket No: 3176-14
6 November 2014
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From: Chairman, Board for Correction of Navai Records
To: Secretary of the Navy .
subj: heyy
Ref: (a) 10 U.S.C. 1552
(ob) 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 his narrative reason |-
fox separation “Homosexual Conduct”, be changed to “Secretarial
Authority” per reference (bo). He also impliedly requested that
nis Separation Program Designetor {SPD}. “ARB-1" (homosexuality)
and “RE-4". (not recommended. for retention) reentry code be
chanced.
2, The Board, consisting of Mr. Hedrick, Mr. Marquez and Mr.
Sproul, reviewed Petitiorer's allegations of error and iniustice
on 29 October 2014 and, pursuant to its regulations, determined
that the limited corréctive 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 se 7
“a. Before applying to this Board, Petitioner exhausted all
adninistrative remedies available under. existing law and -
regulations within the Department o£ the Navy. - -
b.. Although enclosure (1) was not filed in a timely manner,
it is in the interest of justice to waive the statute of
Limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty.on 29 Juné.1992. He was not the subject of
any disciplinary’ action during his enlistment. Based on the
information currently contained in the record he made an
admission to his commanding officer that. he’ is homosexual.
Subsequently, he was administratively processed for separation by
reason of homosexuality. His commanding officer forwarded his
case and the separation authority directed an’ honorable discharge
due to homosexual conduct. He was so discharged on 5 January
2000.
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
narrative reason for discharge to “Secretarial Authority”, SPD
code to “JFF-1", and to change the reentry code to an immediately
eligible to reenter category of “RE-1d", 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 narrative reason for
separation be changed to “Secretarial Authority”, SPD be changed
to “JFF”, and reentry code be changed to “RE-1J”.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “Homosexual Conduct", that his SPD code be changed to “JFF-
1” vice “HRB-1”", and he was issued an “RE-1J” vice “RE-4” reentry
code on 5 January 2000. Additionally, that he be issued 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 4 January 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.
T. J. BED
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.
ROBERT J.:- O'NEILL
Executive director
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