Docket No: 226-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER Ref: (a) 10 U.S.C. § 1552 (b) 10 U.S.C. § 654 (repealed) (c) UNSECDEF memo of 20 Sep 11, “Correction of Military Records Following Repeal of Title 10, United States Code, Section 654” Encl: (1) DD Form 149 (0226) 1. Pursuant to reference (a), Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board) requesting an upgrade to his characterization of service to honorable and a change to his narrative reason for separation to Secretarial Authority. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 28 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 enclosure, relevant portions of Petitioner’s naval service records, as well as 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 waive the statute of limitations and review the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 18 April 1972. Petitioner received nonjudicial punishment (NJP) on 20 May 1972, for disobedience of a lawful order. On 16 February 1973, Petitioner received NJP for willfully disobeying a lawful order. On 12 March 1973, Petitioner received a third NJP for being absent from his appointed place of duty. d. On 22 August 1973, Petitioner was found guilty at special court-martial for violating Article 89 (disrespect), Article 90 (disrespect), and Article 134 (wrongful threat). e. On 14 March 1974, Commanding Officer, notified Petitioner of administrative proceedings to separate him from the naval service on the basis of unfitness due to homosexual acts, with a possible service characterization of other than honorable (OTH). Petitioner was advised of and, after consultation with legal counsel, waived his right to request a hearing before an administrative discharge board. A 20 March 1974 statement of fact from Petitioner’s immediate first lieutenant states that Petitioner was a very competent Marine in his MOS as a motor vehicle operation but that Petitioner had been a disciplinary problem because of his actions when he became intoxicated. f. On 17 April 1974, while pending administrative separation, Petitioner received NJP for two specifications of assault, one specification of disrespect, and one specification of drunk and disorderly conduct. g. Petitioner was administratively discharged from the Marine Corps on 24 May 1974, with an OTH characterization of service and a reentry (RE) code of RE-4. Petitioner seeks an upgrade from an OTH characterization of service to an honorable characterization on the basis of changes to discharge policies. Petitioner states his misconduct was reflective of poor decision making of someone trying to cope with an addiction. Petitioner states he engaged in a consensual homosexual relationship with a fellow Marine. h. Reference (c) sets forth the Department of the Defense’s current policies, standards, and procedures for correction of military records following the “Don’t Ask, Don’t Tell” (DADT) repeal of Title 10, United States Code, Section 654. It provides service Discharge Review Boards with guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment 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: The Board considered Petitioner’s request for a change to his discharge characterization and noted that based on the information reflected in his record and his personal statement to the Board, Petitioner engaged in a consensual homosexual relationship without aggravating factors. The Board found that applying reference (c) to Petitioner’s request is appropriate with regard to his narrative reason for separation and his separation code. However, the Board found that an upgrade to Petitioner’s service characterization and a change to his RE-4 is not warranted because of the frequency of his purely military, non-sexuality-related, misconduct as reflected in his record with NJPs and special court-martial conviction. The Board concluded that in light of reference (c), Petitioner is entitled to a change to his narrative separation reason to reflect “Secretarial Authority,” a change to his SPD code, and a change to his separation authority. Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concluded that Petitioner’s request warrants partial relief only. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner’s naval record be corrected to show that on 24 May 1974, he was issued an other than honorable discharge by reason of “Secretarial Authority,” that his SPD code is “JFF,” and his separation authority is “MARCORSEPMAN PAR 6421.” That Petitioner be issued a new DD Form 214. That a copy of this report of proceedings be filed in Petitioner’s naval record. That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 9 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.