Docket No: 1196-20 
From:  Chairman, Board for Correction of Naval Records 
To:  Secretary of the Navy 

Ref: (a) 10 U.S.C. 1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Record following Repeal of U.S.C. 654) 

Encl: (1) DD Form 149 

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service.  

2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 7 April 2020, 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, relevant portions of his naval service 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 the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 

c.  Petitioner enlisted in the Marine Corps and began a period of active service on 27 March 1953. On 1 September 1955, Petitioner admitted to sodomy on post with another man.  On 21 September 1955, Petitioner requested a separation in lieu of trial (SILT) in order to avoid a court-martial.  On 30 September 1955, the Convening Authority accepted the SILT and directed the Petitioner be discharged with an other than honorable (OTH) characterization of service.  On 13 October 1955, Petitioner was so discharged. 

d.  Petitioner requests an upgrade to his characterization of service from an OTH to an honorable discharge. 

e.  References (b)and (c) set 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 guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reentry code to “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 references (b) and (c), the Board concludes that Petitioner’s request warrants full relief.  Petitioner’s overall record of military service mitigated the misconduct. 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

Petitioner be issued a new DD Form 214 indicating his characterization of service as 
“honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF,” separation authority as “MARCORSEPMAN 6421,” and reentry code as “RE-1J.” 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

No further action be granted. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 28 January 2020. 

4.  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. 

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 Regulations, 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.