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

Docket No: 5927-16 
NOV 8 2016 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 10 U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF memo of20 Sep 11 (Correction ofMilitary Records Following Repeal 
of 10 U.S.C. 654) 
Encl: (1) DD Form 149 
(2) Case summary 
(3) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine 
Corps, filed enclosure (1), requesting that his "under other than honorable conditions" 
characterization ofservice be upgraded and the narrative reason for discharge "discharge 
involving homosexuality-addmission [sic]" be changed. He impliedly requested that his program 
designator code (SPD) "HRBl," his reentry code "RE-4," and the separation authority 
"MARCORSEPMAN 6207.3B (2)" be changed. 

2. The Board, consisting , reviewed Petitioner's 
allegations oferror and injustice on 23 September 2016, and pursuant to its regulations, 
determined that the partial corrective action indicated below should be taken on the available 
evidence ofrecord. Documentary material considered by the Board consisted ofthe 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. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 24 July 1984. 
On 24 January and 12 March 1985, he was counseled for his frequent failures to be present at 
morning formations and regarding his immaturity, lackadaisical attitude, and failing to obey 
instructions. On 8 April and 25 June 1985, he received nonjudicial punishment (NJP) for 
unauthorized absence (UA) from muster, failure to obey an order or regulation, and misbehavior 
as a sentinel for sleeping on post. He was counseled and notified ofhis deficiencies and advised 
ofrecommended corrective action and available assistance. He was warned that failure to adhere 
to the counseling/warning may be grounds for administrative separation action. On 
3 October 1985, he received another retention warning due to a lack of enthusiasm, poor 
performance ofduties, unsatisfactory conduct, poor attitude and military appearance, and 
substandard bearing. On 2 April 1986, he was convicted by special court-martial (SPCM) of 
UA. On 23 October 1986, he admitted to being a homosexual and engaging in homosexual acts 
with civilians. In view of the foregoing, administrative separation action was initiated. After 
consulting counsel, he elected to waive his procedural rights. On 9 December 1986, his 
commanding officer recommended an other than honorable discharge by reason of misconduct as 
evidenced by a pattern ofmisconduct and homosexuality. On 12 December 1986, the discharge 
authority directed an other than honorable discharge by reason ofmisconduct and 
homosexuality. On 19 December 1986, he was discharged by reason of homosexuality. 

d. Petitioner contends that he did not receive any NJPs during his service in the Marine 
Corps, and that he went UA due to harassment and incidents ofassault after it was revealed that 
he was homosexual. 

e. 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 service Discharge Review Boards with guidance to grant requests 
to change the narrative reason for discharge to "secretarial authority," SPD code to "JFF," recharacterize 
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 ofit, and 
there are no aggravating factors in the record, such as misconduct. 

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light ofreferences 
(b) and ( c ), the Board concludes that the Petitioner's request warrants favorable action in the 
form ofpartial relief. In this regard, his narrative reason for separation shall be changed to 
"secretarial authority," and the SPD code changed to "JFFl." Additionally, the separation 
authority shall be changed to read "MARCORSEPMAN 6214." The Board was not willing to 
upgrade his characterization ofservice given the seriousness ofhis misconduct or to change his 
reentry code. In this regard, the Board noted that, contrary to the Petitioner's contention that he 
did not receive any NJPs during his service, his official military personnel file (OMPF) shows 
that during the period from 24 January 1985 to 2 April 1986, he received two NJPs, one SPCM, 
two counselings, and two retention warnings. 

With regard to his assertion of assault due to his homosexual admission, the Board considered 
whether being assaulted may have been a causative factor in the misconduct that resulted in his 
discharge. After full and careful consideration ofthe matter, the Board determined that there 
was insufficient evidence in the record, and he provided none, to substantiate his assertion of an 
assault. Further, the Board noted that his misconduct began over a year prior to his homosexual 
admission, and was therefore unable to establish a nexus between the alleged assault and his 
pattern ofmisconduct. 

In view ofthe above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that, on 19 December 1986, the 
narrative reason for separation was "secretarial authority," he was assigned SPD code "JFFl," 
and that the separation authority was "MARCORSEPMAN 6214." 

b. That Petitioner be issued a new Certificate ofRelease or Discharge From Active Duty (DD 
Form 214). 

c. That no further relief be granted. 

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

e. That, upon request, the Department of Veterans Affairs be informed that Subject's 
application was received by the Board on 24 June 2016. 

4. Pursuant to Section 6(c) ofthe revised Procedures of the Board for Correction ofNaval 
Records (32 Code ofFederal 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 ofauthority set out in Section 6(e) ofthe 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 

Executive Director