DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7741-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER L XXX-XX- Ref: (a) 10 U.S.C. 1552 (b) 10 U.S.C. 654 (Repeal) (c)UNSECDEF memo, “Correction of Military Records following Repeal of 10 U.S.C. 654,” of 20 Sep 2011 Encl: (1) DD Form 149 (2) Case summary 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting an upgrade to his discharge to reflect an honorable characterization of service, and that his narrative reason for separation, separation code, and reentry code be changed so as not to reveal his sexual orientation. 2. The Board, consisting of and reviewed Petitioner's allegations of error and injustice on 14 June 2021, 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 the Petitioner’s 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 review the application on its merits. c. Petitioner enlisted in the Marine Corps on 18 Dec 2001. On 10 January 2003, the Petitioner was counseled due to having a personality disorder. On 3 February 2003, the Petitioner was notified of the initiation of administrative separation processing and his rights in connection therewith. The Petitioner waived his right to consult with counsel or to request an administrative board. On 14 February 2003, his commanding officer transmitted the administrative separation package to the separation authority. On 6 March 2003, the separation authority directed that the Petitioner be discharged with a general (under honorable conditions) discharge. At the time of his discharge, the Petitioner’s proficiency and conduct marks were 4.3 and 4.4, respectively. On 7 March 2003, the Petitioner was discharged. Despite the recommendation of his chain of command, and despite the fact that the Petitioner seeks an upgrade to an honorable discharge, the Certificate of Release or Discharge from Active Duty (DD Form 214) that is contained in the Petitioner’s Official Military Personnel File (OMPF) indicates that the Petitioner’s discharge characterization was honorable, and not general (under honorable conditions). d. 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. e. Petitioner’s OMPF does not contain any evidence of applicable aggravating factors, and his proficiency and conduct marks reflect performance sufficient to be assigned the honorable discharge. As noted, his DD Form 214 contained in his OMPF indicates he in fact received an honorable discharge, but the DD Form 214 does contain the indicia of a discharge for homosexual acts. CONCLUSION: Upon review and consideration of all the evidence of record, and in light of references (b) and (c), the Board concludes that Petitioner’s request warrants full relief. The Board noted there were no aggravating factors of misconduct in the Petitioner’s record. The Board also noted that the Petitioner requested that his discharge be upgraded to honorable, despite the DD Form 214 in his OMPF already reflecting such. To remove any doubt, the Board restates the honorable characterization of service in the recommendation below. RECOMMENDATION: Petitioner be issued a new DD Form 214 indicating an honorable characterization of service, discharged involuntarily when directed by the Secretary of the Navy narrative reason for separation, MARCORSEPMAN para 6214 separation authority, JFF1 SPD code, and RE-1J RE-code; and 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 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. 6/24/2021 Executive Director