DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1880-17 JUN 27 2017 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ofNaval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 (b) 10 U.S.C. §654 (repealed) (c) UNSECDEF Memo of20 Sep 11 (Correction of Military Records Following Repeal oflOU.S.C. §654) Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record 1. Pursuant to the provisions ofreference (a), Petitioner filed enclosure (1) with this Board requesting that his characterization ofservice be changed to honorable and all defamatory homosexual references be redacted and expunged from his record per references (b) and (c). Implicit in this request is that changes also be made to the narrative reason for separation, separation program designator (SPD), reenlistment code (RE), and separation authority indicated on Petitioner's discharge from the military. Enclosures (2) and (3) apply. 2. The Board, consisting of ., reviewed Petitioner's allegations oferror and injustice on 12 April 2017 and pursuant to its regulations, determined that the partial 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 ofthe 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, the Board found it was in the interest ofjustice to waive the statute oflimitations and consider the petitioner's request on its merits. c. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 21 August 1984. On 11 July 1986, Petitioner received nonjudicial punishment for operating a passenger vehicle while intoxicated. The record reflects that on 10 August 1987, Petitioner engaged in a homosexual act. As a result administrative action was initiated. After being afforded all ofhis procedural rights, it was directed that the Petitioner be administratively discharged with an other than honorable (OTH) characterization ofservice. Petitioner was discharged on 10 November 1987. d. Reference (c) sets forth the Department of the Defense'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 of Naval 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 "JFFl" and reentry code to "RE-lJ," when the original discharge was(!) based solely on DADT or a similar policy that preceded DADT, and (2) there are no aggravating factors in the record, such as misconduct. e. With his application, Petitioner states he was sexually abused for more than 10 years prior to entering the Marine Corps, that he had severe Post-Traumatic Stress Disorder (PTSD) prior to entering the service and drank heavily to hurt or kill himself to forget about it. Concerning this contention, there is no evidence in the record to support it, and he submitted no such evidence. CONCLUSION: After considering Petitioner's overall record ofmilitary service and the law and policy established in references (b) and (c), the Board concludes that Petitioner's request warrants partial relief in the form ofchanging Petitioner's characterization ofservice to "General under honorable conditions," narrative reason for separation to "Secretarial Authority," SPD code to "JFFI" and separation authority to "MARCORSEPMAN PAR 6207.2." The Board notes the DD Form 214 will allow the Petitioner to obtain various benefits, services and employment without being subject to otherwise invasive questions about personal matters. In view ofthe above, the Board directs the following partial action. RECOMMENDATION: Petitioner's naval record be corrected to show that on 10 November 1987, he received a "General under honorable conditions" characterization ofseniice, the narrative reason for separation was "Secretarial Authority," the SPD code assigned was "JFFl" and the separation authority was "MARCORSEPMAN PAR 6207.2." The Board also directed that he be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214). No other relief be granted. A copy ofthis report ofproceedings be filed in Petitioner's naval record. Upon request, the Department ofVeterans Affairs be informed that Petitioner's application was received on 27 February 2017. 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 ofthe 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