DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 4555-14
8 May 2015
From: Chairman, Board for Correction of Naval Records
TO: Commandant of the Marine Corps (MMRP)
USMC, xxx-Xx-
Ref: (a) 10
(b) 10
UGiwl. L552
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 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 per
reference (b). She also impliedly requested that the separation
authority “MARCORSEPMAN, par. 8207" be changed.
5 eae reviewed Petitioner's allegations of error and
injustice on 24 April 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:
JDR
Docket No: 4555-14
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Petitioner enlisted in the Marine Corps, began a period
of active duty on 23 August 1987, and satisfactorily served
without disciplinary incident for about nine months. However,
on 1 June 1988, she was formally counseled and advised that she
was eligible but not recommended for promotion due to her
failure to maintain weight standards. On 15 December 1988, she
was formally counseled and advised that future incidents
involving shoplifting would result in disciplinary action. Asa
result of a Criminal Investigation Division (CID) Report that
revealed evidence of fraternization, she was formally counseled
on 29 June 1992 and advised of her conduct unbecoming a
noncommissioned officer.
c. On 20 August 1992, Petitioner admitted to participating
in homosexual acts and submitted a statement admitting her
inclination to participate in future homosexual relationships.
As a result of the foregoing admissions, administrative
discharge action was initiated due to homosexual admission. At
that time she waived her procedural rights and her case was
forwarded, recommending she receive a general discharge. The
separation authority approved and directed a general discharge
due to homosexual admission and, on 11 September 1992, she 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.
ie oe
JDR
Docket No: 4555-14
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 her overall record of
service and current Department of the Navy policy as established
in reference (b), that relief in the form of her narrative
reason for separation be changed to “secretarial authority,” the
SPD code changed to “JFF1," the reentry code changed to “RE-1Jd,”
and the separation authority changed to read “MARCORSEPMAN
6214.”
The Board is not willing to change her general characterization
of service. In this regard, the Board noted that she admitted
to participating in homosexual acts under aggravating
circumstances that have an adverse impact on morale and
discipline. The Board also determined that, according to the
CID report, a superior to subordinate relationship existed which
is sufficient even under current standards to 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 11 September 1992, the narrative reason for separation
was “secretarial authority,” the SPD code was “JFF1,”" and the
reentry code was “RE-1J.” Additionally, that the separation
authority was “MARCORSEPMAN, par. 6214" and that she 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.
d. 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
JDR
Docket No: 4555-14
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
5S. 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
[a aa
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