DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2353-16 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW NAVAL RECORD OF EX-
Ref: (a) 10 U.S.C. 1552 

(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF memo of20 Sep 11 (Correction of Military Records Following Repeal of 
10 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 (I) with this Board requesting, in effect, that his "other than honorable 
conditions discharge" be changed to "honorable," per reference (b). He also impliedly requested 
that his narrative reason for separation "involuntary discharge," Separation Program Designator 
(SPD) "HRA 1" and "RE-4" (not recommended for retention) reentry code be changed per 
reference (b ). Additionally, that the separation authority "MARCORSEPMAN par 6207" be 
changed. Enclosures (1) through (3) apply. 

2. The Board, consisting of , reviewed Petitioner's 
allegations of error and injustice on 17 June 2016 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, naval records, and 
applicable statutes, regulations, and policies. 

3. The Board, having reviewed all the facts ofrecord 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 ofjustice 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 7 June 1995. 
The records show that on 2 December 1995, the Petitioner was involved with a sexual assault 
incident, when he assaulted another Marine by masturbating on him while he was asleep. When 
confronted, Petitioner stated that he wanted to get out ofthe Marine Corps and was 
contemplating suicide. A command investigation was initiated and Petitioner was found to be 
solely responsible for the homosexual misconduct that occurred on 2 December 1995. In 
addition, Petitioner was admitted to the mental health unit on 13 December 1995 for an 
attempted suicide. At that time, he was diagnosed with a moderately severe acute situational 
stress disorder revolving around unresolved psychosexual problems. As a result of the 
foregoing, administrative discharge action was initiated and it was recommended that he receive 
an other than honorable conditions discharge by reason of homosexuality. After being afforded 
all of his procedural rights, he was so discharged on 23 February 1996. 

d. Reference ( c) sets forth the Department of the Defense's current policies, standards, and 
procedures for correction ofmilitary records following the "Don't Ask, Don't Tell" (DADT) 
Repeal of 10 U.S.C. 654. It provides Discharge Review Boards with the guidance to grant 
requests to change the narrative reason for discharge to "secretarial authority," SPD code to 
"JFFI," re-characterize the discharge to honorable, and reenlistment code to "RE-lJ," 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 favorable action in the form of 
partial relief. 

The Board concludes that based upon the nature of his separation, that relief in the form of his 
narrative reason for separation be changed to "secretarial authority," SPD code be changed to 
"JFFl," and the separation authority be changed to read "MARCORSEPMAN 6214." The 
Board was not persuaded to grant full relief due to the aggravating factors surrounding his 
misconduct. In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 23 February 1996, the 
separation authority was "MARCORSEPMAN 6214," that the narrative reason for separation 
was "secretarial authority," and SPD code be changed to "JFFI ." It is also directed that he be 
issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 

b. That a copy of this report of proceedings be filed in Petitioner's naval record. 

c. That no further relief be granted. 

d. That, upon request, the Department of Veterans Affairs be informed that Petitioner's 
application was received by the Board on 20 May 2016. 

4. Pursuant to Section 6( c) of the revised Procedures of the Board for Correction ofNaval 
Records (32 Code of Federal Regulations, Section 723.6(c)) 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 ofthe 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 ofNaval 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 ofthe Secretary of the Navy. 

Executive Director