DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 4493-14
6 May 2015
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF jis,
USN, XXX-xx- Qa»
Ref: (a)
Ss. Looe
s
10 U. on
10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149
(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 “under honorable
conditions (general)” characterization of service, narrative
reason for separation “homosexuality - engaged in, attempted to
engage in, or solicited another to engage in a homosexual act or
acts,” and separation program designator (SPD) “GKA” be changed
per reference (b). He also impliedly requested that the
separation authority “MILPERSMAN 3630400” and “RE-4" (not
recommended for retention) reentry code be changed.
Zoe the Board, consisting of i
eviewed Petitioner's allegations of error and injustice
on 5 May 2015, and pursuant to its regulations, determined that
the partial 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.
JDR
Docket No: 4493-14
b. Petitioner enlisted in the Navy, began a period of
active duty on 13 June 1984, and satisfactorily served without
disciplinary incident for about 20 months. However, on
18 February 1986, an administrative board convened for the
purpose of considering allegations that Petitioner had
demonstrated homosexual conduct. The administrative board found
that he demonstrated homosexuality as evidenced by soliciting
another to engage in homosexual acts.
c. As a result of the foregoing finding, administrative
discharge action was initiated due to soliciting another to
engage in homosexual acts. At that time, his case was forwarded
recommending a general discharge. The separation authority
approved and directed a general discharge due to homosexuality
and, on 14 May 1986, he was so discharged.
d. Reference (b) sets forth the Department of the Navy’s
current policies, standards, and procedures for correction of
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 to “honorable,” narrative reason for
discharge to “secretarial authority,” SPD code to “JFF,” 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 when
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
the Petitioner’s request warrants partial relief.
The Board concludes that based upon his overall 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,” the
SPD code changed to “JFF,” the reentry code changed to “RE-1lu,"
and the separation authority changed to read “MILPERSMAN 1910-
164.”
The Board is not willing to change his general characterization
of service. In this regard, the Board noted that he
demonstrated aggravating circumstances by soliciting members of
his command to engage in homosexual acts. The Board also
JDR
Docket No: 4493-14
determined that even under current standards, his conduct would
warrant a general discharge. In view of the foregoing, the
Board directs the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show
that, on 14 May 1986, the narrative reason for separation was
“secretarial authority,” the SPD code was “JFF,"” and the reentry
code was “RE-1J.” Additionally, that the separation authority
was “MILPERSMAN 1910-164” and that he be issued a new
Certificate of Release or Discharge from Active Duty (DD Form
214).
b. That no further relief be granted.
c. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
dad. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 28 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.
T. J.” REED
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.
OBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2014 | NR5078 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JDR Docket No: 5078-14 18 May 2015 From: Chairman, Board for Correction of Naval Records To; Secretary of the Navy Subj : —— a _ OF x Ref; (a) 10 U.S.C. Additionally, on 23 August 1982, she received NIP for failure to go. The separation authority approved and directed a general discharge due to homosexuality and, on 9 March 1983, she was so discharged.
NAVY | BCNR | CY2014 | NR5078 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JDR Docket No: 5078-14 18 May 2015 From: Chairman, Board for Correction of Naval Records TO: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF BREN NAME STARS USN, XXX-XX- > Ref: (a) 10 (b) 10 552 U 68 #€ x U.S.C. The separation authority approved and directed a general discharge due to homosexuality and, on 9 March 1983, she was so discharged. JDR Docket No:...
NAVY | BCNR | CY2014 | NR4534 14
The Board, consisting of reviewed Petitioner's allegations of error and injustice on 24 April 2015, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The Board concludes that based upon his overall record of service and current Department of the Navy policy as established in yeference (6), that velief in the form of his narrative reason for separation be changed to “secretarial authority,” separation...
NAVY | BCNR | CY2014 | NR5584 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. The Board concludes that based upon his overall 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 code be changed to “JFF1,” and reentry code be changed to “RE-1J.” Additionally, that the separation authority be changed to read “MILPERSMAN 1910-164.” The Board is not willing...
NAVY | BCNR | CY2014 | NR3865 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JDR Docket No: 3865-14 10 April 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy ~° © 0°) ' Subj: REVIEW NAVAL RECORD OF Qi ey USN, XXX-XX Ref: (a) 10 U.S.C. Board for Correction of Naval Records (32 Code of. Pursuant to the delegation of authority set out in Section 6{e) of the revised Procedures of the Board for Correction of Naval...
NAVY | BCNR | CY2011 | 00715-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SoN Docket No: O00715-11 27 October 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW - NAVAL RECORD OF Ref: (a) 10 U.S.C. The Board concludes that based upon his overall 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...
NAVY | BCNR | CY2014 | NR4664 14
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 “general discharge under honorable conditions” be changed to “honorable,” per reference (b). The Board, consisting RR es eee ee reviewed Petitioner's allegations of error and injustice on 28 April 2015 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence...
NAVY | BCNR | CY2014 | NR4555 14
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 “under honorable conditions (general)” characterization of service, narrative reason for separation “discharge involuntarily-homosexuality- admission (administrative discharge board required but waived),” “RE-4” (not recommended for retention) reentry code, and separation program designator (SPD) “HRB1” be changed...
NAVY | BCNR | CY2014 | NR7180 14_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 MTN Docket No: 7180-14 21 July 2015 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy AXK-XX Ref: (a) 10 U.S.C. In this regard, the Board notes Petitioner’s overall record of military service, conduct average, and current Department of the Navy policy as established in reference (b), that relief in the form of her characterization of service...
NAVY | BCNR | CY2014 | NR1207 14
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 “GENERAL UNDER HONORBLE - CONDITIONS” characterization of service be changed per reference (b). The Board, consisting of Messrs. Zsalman and Exnicios and Ms. Montgomery, reviewed Petitioner's allegations of error and injustice on 9 April 2014 and, pursuant to its regulations, determined that the corrective action indicated below...