DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8305-19 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Subject’s naval record (excerpts) 1. Pursuant to the provisions of the reference, Petitioner filed enclosure (1) with this Board requesting that her RE-4 reentry code be changed to RE-1 on her Certificate of Release or Discharge from Active Duty (DD Form 214), so that she may be allowed to reenlist in the Armed Services. She also requested the discharge characterization and separation code be changed to allow her to reenlist. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 10 February 2020, and pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of her naval records, 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. Petitioner enlisted in the Marine Corps and began a period of active service on 12 December 2005. On 3 March 2006, she admitted to an inquiry officer that she engaged in homosexual acts before her Marine Corps service, that she could not be an effective Marine and live the homosexual lifestyle, and that she understood Marine Corps policy would require administrative separation. On 28 March 06, her commanding officer notified her that she was being administratively separated from the Marine Corps for Homosexual Admission. She consulted counsel and waived an administrative board. Her Commanding Officer recommended that she receive an Entry-Level separation. On 4 April 2006, the separation authority directed that the Petitioner receive an Entry-Level separation. She was discharged on 14 April 2006. d. Petitioner submitted a personal statement on her DD 149 that she would like to be allowed to join the military with the ability to qualify for enlistment bonuses. She added that she has not qualified as a veteran since her separation. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief. Additionally, the Board reviewed her application under the guidance provided in the reference. Specifically, the Board considered whether her application was the type that was intended to be covered by these policies. The Board’s decision is based on Petitioner’s contention that she was separated under a law that has since been repealed. RECOMMENDATION In view of the foregoing, the Board finds the existence of an injustice warranting the following partial corrective action. Petitioner’s naval record be corrected to show that she received an “RE-1”reentry code. Petitioner’s naval record be corrected to show the narrative reason for her separation was Secretarial Authority. Petitioner’s naval record be corrected to show the separation code was JFF. Petitioner be issued a DD Form 215, Correction to DD Form 214 Certificate of Release or Discharge from Active Duty. A copy of this Report of Proceedings befiled in Petitioner’s naval record. No further relief be granted. Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 9 September 2019. 4. It is certified that a quorum was present at theBoard’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.