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

Docket No: 2768-17 

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

Subj: REVIEW OF 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) Subject's naval record (DD Form 214, DD Form 215) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine 
Corps, filed enclosure (1), requesting that the program designator code (SPD) "JMLl" be 
changed on his Report ofSeparation From Active Duty (DD Form 214). Additionally, he 
impliedly requested that the characterization ofservice, the narrative reason for discharge, the 
separation authority, and the reentry code be changed. 

2. The Board, consisting of             , reviewed 
Petitioner's allegations oferror and injustice on 30 August 2017, ahd 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 ofthe enclosures, relevant 
portions ofthe naval records, and applicable statutes, regulations and policies. Enclosures (1) 
and (2) apply. 

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. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 
5 December 1950. On 26 September 1951, he made a statement in which he admitted to several 
pre-service homosexual acts and requested discharge under other than honorable conditions for 
the good ofthe service. On 5 October 1951, he received nonjudicial punishment (NJP) for a one 
hour, 15 minute period ofunauthorized absence. On 24 October 1951, an administrative 
discharge board convened and recommended that Petitioner be discharged with an undesirable 
characterization ofservice by reason ofunfitness (homosexual tendencies). The discharge 
authority concurred with the reconunendation and directed undesirable characterization of 
service by reason ofunfitness (homosexual tendencies). He was discharge on 
28 November 1951. 

c. On 22 June 1955, the Navy Discharge Review Board (NDRB) reviewed Petitioner's 
request for an upgraded characterization of service and determined that the discharge was proper 
and no change was warranted. The Board for Correction ofNaval Records reviewed Petitioner's 
allegations of error and injustice on 20 October 1977 and found in the interest ofjustice that 
Petitioner's record be corrected to show that on 28 November 1951 he was issued a general 
discharge by reason ofunsuitability vice the undesirable discharge actually issued on that date. 
On 16 October 1979, the NDRB again reviewed Petitioner's request for an upgraded 
characterization of service and determined that "the type ofdischarge should not be changed 
because a record of service which includes an average conduct mark of 3.3 is appropriately 
characterized as not fully honorable." 

d. Petitioner's average conduct was above 4.0 prior to his statement admitting to pre-service 
homosexual acts. However, after his statement, he received two additional conduct marks on 13 
and 28 November 1951, lowering his average conduct mark to below 4.0, making him ineligible 
for an honorable characterization ofservice. 

e. Reference ( c) sets forth the Department of the Defense'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 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 of record, and especially in light of references 
(b) and ( c ), the Board concluded that the Petitioner's request warrants favorable action in the 
form ofrelief. In this regard, the Board noted that the narrative reason for discharge was 
homosexual tendencies, and there is no misconduct or aggravating factors noted in Petitioner's 
record that would disallow an honorable characterization of service. Further, his average 
conduct mark was above 4.0, the standard for an honorable characterization ofservice, up until 
two weeks prior to his discharge, when he was issued two conduct marks that effectively lowered 
his average conduct mark below 4.0. Thus, the Board concluded that had he not been processed 
for discharge due to homosexual tendencies, his average proficiency and conduct marks would 
not have been lowered and would have otherwise met the standard for an honorable 
characterization of service. The Board concluded that the characterization of service, the 
narrative reason for discharge, the SPD code, the separation authority, and the reentry code shall 
be changed. 

RECOMMENDATION 

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

Petitioner's naval record be corrected to show that, on 28 November 1951, the characterization 
ofservice was "Honorable," the narrative reason for discharge was "secretarial authority," the 
SPD was "JFFl," and the separation authority was "MARCORSEPMAN 6214." Additionally, 
the reentry code was "RE-1." 

Petitioner's be issued a new DD Form 214 

No further 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 by the Board on 27 March 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. 
Recorder 

5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction of Naval 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