DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No:
5 May 2015
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From: Chairman, Board for Correction of Naval Records
T6: Secretary of the Navy
subj: REVIEW NAVAL REcoRD OF SD o:v,
xxx-xx- iD
Ref: (a) 10 U.S.C. 1552
(b) 10 U.S.C. 654 (Repeal)
Encl: DD Form 149 with attachments
Case summary
Subject's naval record
Wher
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 “under honorable conditions (General) "
characterization of service, separation program designator (SPD)
“GRA,” narrative reason for discharge “Homosexuality-engaged in,
ttempted to engage in or solicited another to engage in, homosexual
act or acts,” and RE-4 (not recommended for retention) reentry code be
changed per reference (b). He also impliedly requested that the
Separation authority “CNMPC MSG 061915 JUN 92 MILPERSMAN 3630400," be
changed.
consisting of
reviewed Petitioner OL GLLOL aller
. and, pursuant to its reguiations, aeterminec
par vrrective action indicated below shoula be taken on
available evidence of cord Documentary material considered
Boara consisted of the enclosures, né ana applicabl]
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. Petitioner enlisted in the Navy and began a period of active
duty on 22 June 1989. On 9 March 1992, he received nonjudicial
punishment (NIP) for sodomy. The punishment received was a reduction
in paygrade and restriction. Subsequently, he was administratively
processed for separation by reason of homosexuality. After being
afforded all of his procedural rights, his commanding officer
forwarded his case to the separation authority, who directed that he
receive a general discharge due to homosexuality. He was discharged
on 16 June 1992. At that time he was assigned an RE-4 reentry code.
SIN
Docket No: 5584-14
c. Reference (b) only 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 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 “JFF1”, and the reentry code to an immediately
eligible to rgenter 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 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 partial relief.
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 to change his general characterization of
service. In this regard, the Board noted that he admitted to
participating in homosexual acts under aggravating circumstances that
have an adverse impact on morale and discipline. In his case, he
engaged in homosexual acts with another service member who was
assigned to the same ship. Although they were not assigned to
military duties involving direct supervision by one over the other, a
superior to subordinate relationship existed, as stated in the Navy
Discharge Review Board review on 2 November 1992, which is sufficient
even under current standards to warrant a general discharge. Under 10
United States Code (U.S.C.) 654 (Repeal), the Board can grant a
request to upgrade a discharge based on homosexuality when two
conditions are met: (1) the original discharge was based solely on
“don't ask don’t tell” (DADT) or similar policy in place prior to
enactment of DADT and (2) there were no aggravating factors such as
misconduct. In this case, the Board found misconduct and aggravating
factors. In view of the above, the Board directs the following
partial corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that on 16
June 1992, his narrative reason for discharge was “secretarial
authority,” SPD code be changed to “JFF,” and that he was assigned an
“RE-1gd" reentry code. Additionally, that the separation authority be
changed to read “MILPERSMAN 1910-164," and that he be issued a new
Certificate of Release or Discharge from Active Duty (DD Form 214).
: a
SUN
Docket No: 5584-14
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 7
April, 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. 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 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 : ‘NEILL
Executive director
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