DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 4534-14
1 May 2015
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
USN, XXX- XX
Refi (a} 10 U.8.C, 1552
(b) 10 U.S.C. 654 (Repeal)
Encl: (1) DD Form 149
(2) Case summary
(3) Subject's naval record
ee
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, filed enclosure (1) with
this Board impliedly requesting that the narrative reason for
separation “homosexuality-engaged in, attempted to engage in, or
solicited another to engage in a homosexual act or acts,” the
RE-4 (not recommended for retention) reentry code, the
separation program designator (SPD) “HRB,” and the separation
authority “MILPERSMAN 3630400” be changed per reference (b).
2. 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. 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. Although enclosure (1) was not filed ina timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
JDR
Docket No: 4534-14
c. Petitioner enlisted in the Navy, began a period of
active duty on 5 February 1986, and served honorably until his
discharge on 29 July 1987. At that time, he was assigned an
RE-4 reentry code.
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
narrative reason for discharge to “secretarial authority”
separation program designator (SPD) coded to “JFF”, and the
reentry code to an immediately eligible to reenter category of
“RE-1ld", 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
the Petitioner’s request warrants favorable action in the form
of relief.
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 program designator (SPD) coded to “JFF,” and the
reentry code to an immediately eligible to reenter category of
“RE-1J," and the reference paragraph “3630400” removed from the
separation authority. In view of the foregoing, the Board
directs the following corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected to show that
the narrative reason for separation be changed to “secretarial
authority,” the separation program designator (SPD) coded to
“JFF,” the reentry code to an immediately eligible to reenter
category of “RE-1J,” and the reference paragraph “3630400”
removed from the separation authority.
b. That a copy of this report of proceedings be filed in
Petitioner's naval record.
Tan
EE
JDR
Docket No: 4534-14
c. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 5 March 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.
The
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.
ROBERT J. EILL
Executive director
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