DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 4664-14
21 May 2015
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW NAVAL REcoRD OF iy osy,
Ref: {aj 10 U.8,¢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 his “general discharge
under honorable conditions” be changed to “honorable,” per
reference (b).
2. 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 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 in a timely
manner, it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
EGA
Docket No: 4664-14
c. Petitioner enlisted in the Navy and began a period of
active duty on 23 April 1973. The record shows that he
submitted a voluntary sworn statement on 7 July 1975, regarding
his participating in homosexual acts. As a result of the
foregoing, administrative discharge action was initiated and it
was recommended that he receive a general discharge by reason of
unfitness. After being afforded all of his procedural rights,
he was so discharged on 15 September 1975.
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 Discharge Review Boards
with the authority to grant request to change the
narrative reason for discharge to “secretarial authority,” and
to recharacterize the discharge to general and/or honorable 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, to
include current Department of the Navy policy as established in
reference (b), that relief in the form of his character of
service be change to “honorable,” narrative reason for
separation be changed to “secretarial authority,” SPD code be
changed to “JFF,” reentry code be changed to “RE-1J,”" and the
separation authority be changed to read “MILPERSMAN 11910-164.”
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 15 September 1975, the separation authority was “MILPERSMAN
11910-164," that the narrative reason for separation was
“secretarial authority,” SPD code be changed to “JFF,” reentry
code be changed to “RE-1J,”and character of service be changed
to “honorable.” It is also directed that he be issued a new
Certificate of Release or Discharge from Active Duty (DD Form
214).
EGA
Docket No: 4664-14
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
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.
T; We REED
Recorder
5. Pursuant to the delegation of authority set out in Section
é6(e) o£ 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
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 | 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 | NR4493 14
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. However, on 18 February 1986, an administrative board convened for the purpose of considering allegations that Petitioner had demonstrated homosexual conduct. The separation authority approved and directed a general discharge due to...
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...
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 | NR2623 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 RE-4 (not recommended for retention) reentry code 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 3 June 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on...
NAVY | BCNR | CY2011 | 00245-11
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 RE-4 (not recommended for retention) reentry code be changed to RE-1lJ per reference (b). The Board, consisting of Mr. Dixit, Ms. Henkel, and Mr. Spain, reviewed Petitioner's allegations of error and injustice on 12 October 2011 and, pursuant to its regulations, determined that the corrective action indicated below should...
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 | NR739 14
a DEPARTMENT OF THE NAVY. 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.
NAVY | BCNR | CY2013 | NR3038-13
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 separation authority . “NMPCMAN 3630400”, narrative reason for separation “Homosexuality ~ Stated he is a homosexual or bisexual”, “RE-4" (not recommended for retention) reentry code, and Separation Program Designator (SPD) “HRB” be changed per reference (b). It provides service Discharge Review Boards with the authority to grant...