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. 1552

(b) 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 her “under honorable
conditions (general)” characterization of service, narrative
reason for separation “homosexuality-engaged in, attempted to
engage, or solicited another to engage in a homosexual act or

acts,” “RE-4” (not recommended for retention) reenlistment code,
and separation program designator (SPD) “HRA” be changed per
reference (b). She also requested her separation date be

adjusted and impliedly requested that the separation authority
“CNMPC MSG 2616112ZFEB83 and MILPERSMAN 3630400” be changed.

2. Th rd, consisting of nd
reviewed Petitio ns OL error and

injustice on 15 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:
JDR
Docket No: 5078-14

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 Navy, began a period of
activé duty on 1 May 1981, and served without disciplinary
incident for about 11 months. However, on 30 March 1982, she
receivéd nonjudicial punishment (NJP)’ for failure to go,
refusing to surrender her identification card, being
disrespectful in language, wrongful destruction of government
property, reckless driving, and failure to stop at a stop sign.
On 20 August 1982, she was formally counseled and advised of
future disciplinary action should her involvement of a
discreditable nature with authorities continue. Additionally,
on 23 August 1982, she received NIP for failure to go.

ec. On 4 October 1982, Petitioner submitted a sworn
statement admitting that she engaged in homosexual acts on more
than one occasion in a barracks room on base. As a result of
the foregoing admission, administrative discharge action was
initiated due to homosexual admission. After consulting with
legal counsel, 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 homosexuality and, on 9 March 1983, 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-10” 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.

e.° In her application, although not substantiated,
Petitioner asserts that she suffers from post-traumatic stress
disorder (PTSD) developed as a result her military service.
JDR
Docket No: 5078-14

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 “JFF,” the reentry code changed to “RE-1J,”
and the separation authority changed to read “MILPERSMAN 1910-

164.”

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. In her case, she engaged in homosexual acts ina
barracks room on base, on more than one occasion, which is
sufficient even under current standards to warrant a general

discharge.

The Board also considered her assertion of PTSD in light of the
Secretary of Defense’s September 3, 2014 guidance to Boards for
Correction of Military records regarding discharge upgrade
requests by veterans claiming PTSD. The Board liberally
considered whether her PTSD was a causative factor in the
misconduct that resulted in her discharge. After full and
careful consideration of the matter, the Board determined that
there was insufficient evidence in the record, and she provided
none, to support a conclusion that a causal relationship with
the PTSD symptoms and misconduct existed. Specifically, the
Board concluded that her misconduct was not caused by her PTSD
and further determined that, even if there was a nexus between
the PTSD and the misconduct, the severity of the misconduct
would substantially outweigh any mitigation created by her PTSD.

The Board is not willing to adjust her separation date to give
her active duty credit for a period of time that she did not
serve. In view of the foregoing, the Board directs the
following corrective action.
JDR
Docket No: 5078-14

RECOMMENDATION :

 

a. That Petitioner’s naval record be corrected to show
that, on 9 March 1993, 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 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.

ad. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 13 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. Jd. 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. O'NEILL
Executive director