DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SUN
Docket No: 4368-14
24 April 2015
From: Chairman, Board for Correction of Naval Records
Tos Commandant of the Marine Corps
Subj: REVIEW NAVAL RECORD OF Rr ares ee USMC,
Ref ) 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 Marine Corps, 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
“MARCORSEPMAN par 6207," his narrative reason for separation
“Homosexual Admission,”, and Separation Program Designator (SPD)
“HRB1” (homosexuality) be changed.
2. The Board, consisting of
reviewed Petitioner's allegations of error and injustice on
15 April 2015 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. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 4 January 1993. On 9 April 2002,
he submitted a written statement regarding his sexual
orientation. As a result of the foregoing, administrative
SIN
Docket No: 4368-14
discharge action was initiated and it was recommended that he
receive an honorable discharge by reason of homosexuality. After
being afforded all of his procedural rights, he was honorably
discharged on 1 July 2002. At that time, he was assigned and
RE-4 reentry code.
d. Reference (b) sets farth 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 “JFF1,” and reentry code to “RE-107,"” 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 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 reentry code be changed to
“RE-1J," narrative reason for separation be changed to
“secretarial authority,” SPD code be changed to “JFF1,” and the
separation authority be changed to read “MARCORSEPMAN 6214.” In
view of the above, the Board directs the following corrective
action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 1 July 2002, the separation authority was “MARCORSEPMAN par
6214” vice “MARCORSEPMAN par 6207,” that the narrative reason for
separation was “secretarial authority” vice “Homosexual
Admission,” SPD code be changed to “JFF1” vice “HRB1,” and
reentry code be changed to “RE-1J”" vice “RE-4.”" It is also
directed that he be issued a new Certificate of Release or
Discharge from Active Duty (DD Form 214).
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
SJN
Docket No: 4368-14
c. That, upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 21 February 2014.
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.
D
‘Leg fille EE
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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