Docket No: 4711-20
Ref:   Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj: REVIEW OF NAVAL RECORD OF FORMER    USMC, XXX XX 
 
Ref:  (a) 10 U.S.C. §1552 
      (b) 10 U.S.C. 654 (Repeal)
      (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C.           654) 
 
Encl: (1) DD Form 149 with attachments 
      (2) Case Summary   
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her other than honorable (OTH) discharge be upgraded to honorable character of service.  Additionally, that her narrative reason for separation, separation program designator and reenlistment code be changed.  Implicit in this request is that changes also be made to Petitioner’s separation authority  indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214).    
 
2.  The Board,        consisting of reviewed Petitioner's allegations of error and injustice on    25 November 2020 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken.  Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).   
 
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 review the application on its merits. 
 
     c.  Petitioner enlisted in the Marine Corps and began a period of active duty on  
14 April 1981.  Unfortunately, after a thorough review of Petitioner’s service record, the record does not contain all documents pertinent to Petitioner’s administrative separation from the naval service.  Based on Petitioner’s DD Form 214, Petitioner was discharged on 3 May 1983, with an other than honorable (OTH) characterization of service by reason of homosexuality act. 
 
     d.  Petitioner contends that her discharge is an injustice because she was discharged solely on the basis of homosexuality, which is no longer a basis for discharge. Her discharge is an injustice because current policies today are materially different from those at the time she was discharged.  
 
     e.  At the time of discharge, Petitioner was issued a DD Form 214 with a character of service “Other Than Honorable,” separation authority “MARCORSEPMAN PAR 6207.3B(1),”  separation code “GRA1,” reenlistment code “RE-4,” and narrative reason for separation “Invol-Homosexuality-Act.” 
 
     f.  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 10 U.S.C. 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: 
 
After considering enclosures (1) and (2), Petitioner’s overall record of military service, and the law and policy established in references (b) and (c), the Board concludes that Petitioner’s request warrants relief.  The Board concluded that the record shall be changed by changing Petitioner’s characterization of service to “Honorable,” narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to “RE-1J,” and separation authority to “MARCORSEPMAN 6207.2.” 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 8 January 1985, Petitioner’s characterization of service was “Honorable,” narrative reason for separation was “Secretarial Authority,” SPD code assigned was “JFF,” reenlistment code was “RE-1J,” and separation authority was ““MARCORSEPMAN 6207.2.”  It is further directed that Petitioner be issued a new DD Form 214. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
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.