DEPARTMENT OF THE NAVY BOARD FOR CORRECTION,9F NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 Docket No: 2754-16 MAY 05 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. 1552 (b) Public Law 111-321 (Don't Ask, Don't Tell Repeal Act of2010) (c) UNSECDEF Memo OF 20 Sep 11 (Correction ofMilitary Record 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 ofreference (a), Petitioner's daughter, filed enclosure (1) with this Board requesting, that her deceased father, "other than honorable" (OTH) discharge be changed per references (b) and (c). Implicit in this request is that changes also be made, consistent with reference ( c ), to the narrative reason for separation, Separation Program Designator (SPD), Reenlistment (RE) Code, and separation authority indicated on Petitioner's father's discharge from the military. 2. The Board reviewed Petitioner's allegations of error and injustice on 12 April 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. 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 ofthe Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to waive the statute oflimitations and review the application on its merits. c. enlisted in the Marine Corps and began a period ofactive duty on 2 December 1955. On 4October1957, he made a statement admitting to his participation in homosexual conduct. As a result ofthe foregoing, administrative discharge action was initiated. being afforded all ofhis procedural rights, it was directed that he receive an other than honorable characterization of service by reason of homosexual admission. On 8 November 1957, he was discharged. d. Reference ( c) sets forth the Department ofDefense's current policies, standards, and procedures for correction ofmilitary records following the repeal of"Don't Ask, Don't Tell" (DADT) (reference (b )). It provides the Board for Correction ofNaval Records with guidance for granting requests to change the characterization of service to "general" or "honorable," narrative reason for discharge to "secretarial authority," SPD code to "JFF," and reentry code to "RE-IJ," when the original discharge was (1) based solely on DADT or a similar policy that preceded DADT, and (2) there are no aggravating factors in the record, such as misconduct. CONCLUSION: After considering enclosures (1) through (3), overall record ofmilitary service, and the law and policy established in references (b) and ( c ), the Board concludes that Petitioner's request warrants relief in the form ofchanging her father's characterization ofservice to "honorable," the narrative reason for separation to "secretarial authority," SPD code to "JFF", reenlistment code to "RE-IJ," and separation authority to "MARCORSEPMAN 6214." RECOMMENDATION: a. That naval record be corrected to show that on 8 November 1957, his characterization ofservice was "honorable," the narrative reason for separation was "secretarial authority," the SPD code assigned was "JFF," the reenlistment code was "RE-IJ," and the separation authority was "MARCORSEPMAN 6214." b. That should be issued the new Certificate ofRelease or Discharge from Active Duty (DD Form 214). c. That a copy ofthis report ofproceedings be filed in naval record. d. That, upon request, the Department ofVeterans Affairs will be informed that Petitioner's application was received by the Board on 17 March 2016. 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director 3