DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
' BUG
Docket No: 5258-14
'19 September 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552 |
(b) SECNAVINST 1910.4B
(c) 10 U.S.C. 654 (Repeal)
Encl: (1} DD Form 149 dtd 7 Mar 14 with ee technicnve
(2} Subject's naval record —
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, a former enlisted member
of the Marine Corps, filed enclosure (1) with this Board
requesting, in effect, that his separation authority of “Marine
Corps Separation Manual (MARCORSEPMAN) parlagraph] 6207.3b(2)”
(homosexual admission), separation code of “HRAI1” (homosexual
admission), reenlistment code of RE-4 (not recommended for
retention), and narrative reason for separation “dis [charge]
invol[untary] - homosexuality admission” be changed.
2. The Board, consisting of Messrs. Boyd and Tew and Ms.
Henkel, reviewed Petitioner's allegations of error and injustice
on 17 September 2014 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.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 7 August 1985. He was not the subject
of any disciplinary action. He was arrested by civil
authorities for participating in mutual masturbation and oral
copulation with another male civilian in a vehicle.
Subsequently, he was administratively processed for separation
due to his arrest and admission of participating in homosexual
_ acts. His commanding officer forwarded his case and the
separation authority directed an honorable discharge due to F
homosexual ag aston. t was so discharged on 13 February 1987.
d. Reference (b) sets forth the Department of the Navy's
policies, standards, and procedures for administratively
separating enlisted service members due to homosexuality.
Reference (c) sets.forth the Department of the Navy's 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 also provides service discharge review boards with the
authority to grant requests to change the narrative reason for
discharge to “secretarial authority” 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 (c), the Board concludes that
Petitioner's request warrants favorable action in the form of
relief.
The Board concludes.that based upon his overall record of
service and the Navy’s policy as established in reference (c),
that relief is appropriate by changing his separation authority
., to “MARCORSEPMAN”, his ‘separation code to “JFF” (secretarial
authority), his reenlistment code to “RE-1dJ”" (secretarial.
_ authority), and his narrative reason for separation to |
“secretarial authority” . In view of the above, the Board
‘directs the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
his separation authority was “MARCORSEPMAN”, his separation code
was “JFF”, his reenlistment code was “RE-17”, and his narrative
2
reason for separation was “secretarial authority”. This is to
be accomplished by issuing a new Certificate of Release or
Discharge from Active Duty (DD Form 214).
b. That, upon request, the Department of Veterans Affairs be
informed that Petitioner applied to this Board on 7 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.
BRIAN J. GEORGE
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
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