Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR5258 14
Original file (NR5258 14.pdf) Auto-classification: Approved
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

Similar Decisions

  • NAVY | BCNR | CY2013 | NR6346-13

    Original file (NR6346-13.pdf) Auto-classification: Approved

    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 his narrative reason for separation “Discharge (Homosexual Conduct)”, Separation Program Designator (SPD) “HRB1”, and “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...

  • NAVY | BCNR | CY2013 | NR8162 13

    Original file (NR8162 13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 8. 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 narrative reason for separation “homosexuality - stated he or she is a homosexual or bisexual”, be changed to “Secretarial Authority” per reference (b). Pursuant to the delegation of authority set out in Section é(e) of the revised Procedures of the Board for...

  • NAVY | BCNR | CY2014 | NR0323 14

    Original file (NR0323 14.pdf) Auto-classification: Approved

    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 RE-4 (not recommended for. The Board, consisting of Messrs. Zsalman and Exnicios and Ms. Montgomery, reviewed Petitioner's allegations of error and injustice on 6 March 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The Board...

  • NAVY | BCNR | CY2013 | NR3038-13

    Original file (NR3038-13.pdf) Auto-classification: Approved

    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...

  • NAVY | BCNR | CY2013 | NR5171 13

    Original file (NR5171 13.pdf) Auto-classification: Approved

    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 separdtion. Documentary material considered by the Board consisted of the enclosures, naval” records, and applicable statutes, regulations, and policies. He was so discharged on 21 September 1992, c. Reference (b) sets forth the Department of the Navy's policies, standards, and procedures for administratively separating...

  • NAVY | BCNR | CY2013 | NR3703-13

    Original file (NR3703-13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7901S. The Board concludes that based upon her record of service, relatively minor disciplinary infractions, 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”, SPD code changed to “JFF”, and reentry code be changed to “RE-1J". 6(e) of the revised Procedures of the Board for Correction of Naval Records (32...

  • NAVY | BCNR | CY2014 | NR3170 14

    Original file (NR3170 14.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O1S. 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 his narrative reason |- fox separation “Homosexual Conduct”, be changed to “Secretarial Authority” per reference (bo). His commanding officer forwarded his case and the separation authority directed an’ honorable discharge due to homosexual conduct.

  • NAVY | BCNR | CY2014 | NR2623 14

    Original file (NR2623 14.pdf) Auto-classification: Approved

    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 | CY2014 | NR3357 14

    Original file (NR3357 14.pdf) Auto-classification: Approved

    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 nis narrative reason for separation “homosexuality - stated he or she is a homosexual or bisexual”, be changed to wSecretarial Authority” per reference. The Board concludes that based upon his record of service and current Department of the Navy policy as established in reference (b}, that relief in the form of his narrative reason...

  • NAVY | BCNR | CY2012 | 00227-12

    Original file (00227-12.pdf) Auto-classification: Approved

    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. Pfeiffer, Zsalman, and Exnicios, reviewed Petitioner's allegations of error and injustice on 27 September 2012 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on...