Docket No: 6532-20 
Ref: Signature Date 
  
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
   
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 (NR20200006532) 
    (2) Case summary 
    (3) DD Form 214 
    (4) , “Request for Honorable Discharge,” ltr dtd 22 Jan 04 
    (5) Commanding Officer, , “Recommendation for  Administrative Discharge of ,” ltr 1910 CO,  
                dtd 23 Mar 04 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting a change to her narrative reason for separation which currently reads “Homosexual Admission.”  Enclosure (2) and references (a) through (c) apply.  
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 21 September 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 her 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 enclosure (1) 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 served honorably on active duty from 28 January 2002 through 21 April 2004, which she was discharged on the basis of “Homosexual Admission.”   Enclosure (3). 
 
    d.  Petitioner’s record reflects that on 22 January 2004, following she submitted a personal statement to her chain of command requesting an honorable discharge on the sole basis of the policy on sexual orientation.  She stated that she would continue to hold herself true to the Marine Corps standards and if the military were to change its current policy, she would re-enlist.  Enclosure (4). 
 
    e.  Petitioner’s Commanding Officer, , recommended Petitioner receive an honorable characterization of service.  Enclosure (5). 
 
    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: 
 
The Board considered Petitioner’s request for a change to her narrative reason for separation and determined that based on her service record, Petitioner’s conduct during her time in the Marine Corps was without aggravating factors.  The Board found that applying reference (c) to Petitioner’s request is appropriate with regard to her narrative reason for separation.  The Board also found that Petitioner is entitled to further relief with respect to her separation authority, her separation code, and her reentry (RE) code.  Given Petitioner’s contributions to the Marine Corps, her Commanding Officer’s recommendation for an honorable discharge, and her expressed desire to re-enlist, the Board concluded that Petitioner is entitled to a change to her narrative separation reason to reflect “Secretarial Authority,” a change to her SPD code, a change to her separation authority, and a change to her RE-4 code. 
 
Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 21 April 2004, she was issued an honorable discharge by reason of “Secretarial Authority,” that her SPD code is “JFF,” her separation authority is “MARCORSEPMAN PAR 6421,” and her reentry code is RE-1J.  
 
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 10 September 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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.