Docket No: 8399-20 
Ref: Signature Date  
  
From:  Chairman, Board for Correction of Naval Records 
To:      Commandant of the Marine Corps 
 
Subj:   REVIEW 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 Record following Repeal of U.S.C. 654) 
 
Encl:   (1) DD Form 149 with attachments 
     (2) Case summary 
     (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, that his characterization of service “Other Than Honorable (OTH)” be changed pursuant to reference (b).  He also impliedly requested a change to his narrative reason for separation “Homosexuality-Acts,” separation program designator (SPD) “GRA,” “RE-4” (not recommended for retention) reenlistment code, and the separation authority “MARCORSEPMAN 6207.”  Enclosures (1) through (3) apply. 
  
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 10 February 2021 and, pursuant to its regulations, determined that the 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 waive the statute of limitations and review the application on its merits. 
 
    c.  Petitioner enlisted in the Marine Corps on 16 July 1990.  At an unidentified time, a command investigation determined that Petitioner committed homosexual activities in his barracks room.  As a result, administrative separation action was initiated.  Petitioner waived his right to an administrative separation board.  On 1 September 19991, Petitioner’s case was forward to the separation authority, with a recommendation for discharge by reason of homosexuality-acts under OTH conditions.  The recommendation was approved, and on 18 November 1991, he was so discharged. 
 
    d.  Reference (c) sets 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 separation 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 relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy as established in references (b) and (c).  The Board determined that relief in the form of changing his characterization of service to read “honorable,” changing narrative reason for separation to read “secretarial authority,” his SPD code to “JFF,” and reenlistment code to “RE-1J,” is warranted.  Additionally, his separation authority should be changed to read “MILPERSMAN 1910-164.”  
 
In view of the foregoing, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 18 November 1991, his characterization of service was “honorable,” his narrative reason for separation was “secretarial authority,” SPD code was “JFF,” reenlistment code was “RE-1J,” and his separation authority was “MARCORSEPMAN 6214.”  
 
That Petitioner is issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
That no further changes are to be made to the record. 
 
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. 
 
                                                                          
                                                                             
Sincerely,