DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BC
Docket No: 06511-14
14 November 2014
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF eee USN,
Ref: (a) 10 U.8.¢. I552
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 United States Navy, filed
enclosure (1) with this Board requesting, in effect, that his
narrative reason of separation be changed.
2. The Board, consisting of Mr. Green, Mr. Spain, and Ms.
White-Olson, reviewed Petitioner's allegations of error and
injustice on 13 November 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 in a timely manner,
it is in the interest of justice to waive the statute of
limitations and review the application on its merits.
Be
Docket No: 11577-14
c. Petitioner enlisted in the Navy on 22 January 1990. On
12 February 1993, he received nonjudicial punishment (NJP) for
sodomy. On 19 May 1993, he was separated from the Navy with an
honorable characterization of service by reason of homosexuality
-— engages in, attempted to engage in, or solicited another to
engage in homosexual act or acts, and received an RE-4 reentry
code.
d. On 19 August 2009, this Board denied changing the
Petitioner's narrative reason for separation. However, in
accordance with the Don’t Ask, Don’t Tell Repeal Act of 2010,
the Board determined to change the narrative reason for
separation, separation code, and reentry code.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board concludes that Petitioner's
record warrants changing the narrative reason for separation,
separation code, and reentry code in accordance with the Don’t
Ask, Don’t Tell Repeal Act of 2010.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was separated on 19 May 1993, with the narrative reason for
separation of “Secretarial Authority,” a separation code of
“JFF” and an “RE-1J reentry code.
b. That a copy of this report of proceedings be filed in his
record.
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.JY REED
Recorder
BC
Docket No: 11577-14
S. 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.
OBERT J. O'NEILL
Executive Director
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