DEPARTMENT OF THE NAYY
HOARD FOR G SHEE ETION- OF NEVEE RES ORES. Oe
O14 §. GOURTHOUSEC ROAD. SUITE 1901
ARLINGTON, VA 22204-2490
TAL
Docket No: 3357-14
7 November 2014
From: Chairman, Board for correction of Naval Records
TO! Secretary of the Navy
cu): err BORD OF ee
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 nis narrative reason for
separation “homosexuality - stated he or she is a homosexual or
bisexual”, be changed to wSecretarial Authority” per reference.
(pb). He also impliedly requested that tiis Separation Program
Designator (SPD) xHRB” (homosexuality) and “RE-4” (not
recommended for retention) reentry code be changed
2. The Board, congisting of Ms. Tollefson, Mr. Clemmons, and Mr.
tvins, reviewed Petitioner's allegations of error and injustice
on 16 October 2014 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
availabie 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 ali the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows: oo I
a. Before applying to this Board, Petitioner exhausted all .
administrative remedies available under existing law and
regulations within the Department of 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.
ce. Pétitioner reenlisted in the Navy on 2 March.1982 after
four years of prior nonorable service. He was not the subject of
any disciplinary action during his enlistment. He made a
statement admitting to being a homosexual . 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 due to homosexual admission. He was 80
discharged on 23 December 1983.
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 “JJFP”, and to change che reentry code to an immediately
eligible to reenter category of *RE-17", when the original
discharge was based solely on DADT or 4 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 (ob), 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-10”.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation was “Secretarial Authority”
vice “homosexuality — stated he or she is a homosexual or
bisexual”, that his SPD code be changed to IFFY vice “HRB”, and
that he was issued an “RE-17" vice “RE-4” reentry code on
23 December 1983. 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.
ec, That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 8 August 2013.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, dection 723.6(c) it ig certified that a quorum was
present at “he 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.
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'NETLL
Fxecutive director
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