DEPARTMENT OF TH E N AVY
BO A RD FOR CORR ECT I O N OF N AVA L RE C O RDS
7 01 S . C OURT HOUSE ROAD , SU ITE 1 001
A RLI NGTO N . VA 2 2 20 4- 2 49 0
SJN
Docket No : 7485-14
10 July 2015
Chairman, Board for Correction of Naval Records
Commandant of the Marine Corps
From :
To :
Subj : REVIEW NAVAL RECORD OF
USMC,
Ref :
(a) 10 U.S.C. 1552
(b) 10 U. S . C . 654
(Repeal)
Encl :
(1) DD Form 149 with attachments
( 2) Case summary
( 3) Subject's naval record
1 . Pursuan t
to the provisions of reference (a), Pe titioner , a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting, in effect, that
recommen ded for reten tion) reentry code be changed per reference
(b) .
Designator (SPD) "HRBl", and narrative reason for separation
"HOMOSEXUAL ADMI SSION , " be changed per reference (b) .
Add i tionally, that t h e separation authority "MARCORSEPMAN 6207,"
be changed .
also imp l iedl y requested that
Separation Program
"RE -4"
(no t
2 . The Board, consisting of
reviewed Petitioner's allegatio~rror and
injustice on 6 J uly 20 1 5 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record . Documentary material
con s i dered 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 Peti t ioner ' s a l legat i ons of error and injustice finds as
follows :
a . Before applying to this Board, Petitioner exhausted all
admi nistrative remedies availabl e under existing law and
regulat i ons within the Department of the Navy.
b . Petitione r enli sted in t he Marine Corps and began a
period of ac t ive duty on 1 0 March 2008. On 17 September 2008, as
a resu l t of a command interview,
in h omosex ual con du ct. As a result of the foregoing,
adminis t rative d i scharge ac t ion was initiated and it was
recommended that
homosexua l ity . After being afforded all of
rece i ve a general discharge by reason of
admitted to
involvement
procedural
5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6) SJN
Docket No: 7485-14
received a general discharged on 23 October 2008 .
rights,
At th~t time,
9 January 2014,
c haracterization o f service to honorable .
was assigned an RE-4 reentry code. However, on
t he Navy Discharge Review Board changed
c. Reference (b) sets for th the Department of the Navy ' s
current polic i es, standards, and procedures for correction of
military records fo.llowing the "don't ask , don't tell "
(DADT)
repeal of 10 U.S.C. 654.
Boards with the authority to grant request to change the
narrative reason for d i scharge t o "s ecretarial authority," SPD
code to "JFFl ," and reent ry code to "RE-lJ , " when the original
discharge was based solely on DADT or a s imi lar policy in place
prior to enactment of it and there are no aggravating factors in
the record, such as misconduc t.
It p rovides service Discharge Review
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 relief.
In this regard, the Board notes Petitioner's overall record of
military service, and current Department o f the Navy policy as
establi shed in reference (b) , that relief in the form of
reentry code be c hanged to "RE-lJ, " SPD code t o "JFFl, " and the
narrative reason for separa t ipn be changed .. to " secretarial
.authori t:.,~," . Additionally, that the separation authority be
changed to read "MARCORSEPMAN 621 4 . "
Board directs the following corrective action.
In view of the above, the
RECOMMENDATION :
a . That Petitioner's naval record be corrected to show that
received an "honorabl e discharge" by
o n 23 October 2008,
reason of "secretarial authority" , was ass igned SPD code "JFFl,"
and "RE - lJ" reentry code . Additionally, the separation authority
was "MARCORSEPMAN 62 14 . "
issued a new Certificate of Release or Disch arge from Active Duty
(DD Form 214) .
I t is further directed that
be
b. That a copy of this report of proceedings be filed in
Petitioner's naval record.
c. That, upon reque st , the Department of Veterans Affairs be
informed that Petitioner's application was received by the Board
on 9 June 2014 .
2
5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6)5 U.S.C 552(b) (6) SJN
Docket No: 7485-14
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
p r esent at the Board 's r eview and deliberations, and that the
fore g oing is a true and complet e record of the Board's
p r oceedings in the above entitled matter .
T . J . REED
Recorder
5 . Pursuant to the delegation of authority set out in Section
6(e) of the revi sed 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
aut hority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Executive director
3
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