DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2811-17 OCT 26 2017 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) l 0 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 1. Pursuant to the provisions of reference (a), Petitioner filed enclosure ( l) with this Board requesting, that her characterization of service be changed to honorable 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, and separation authority indicated on Petitioner's discharge from the military. Enclosures (l) and (3) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 26 July 2017 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 of record 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 of limitations and consider the petitioner's request on its merits. c. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 11 March 1986. On 24 August 1987, the Petitioner received nonjudicial punishment for absent from her appointed place ofduty. On 3 May 1988, during a psychological evaluation, the she revealed that she was a homosexual. As a result of the foregoing, she was notified of administrative separation by reason of homosexuality. The Commanding Officer (CO) recommended administrative separation. The separation authority did not concur with the CO's recommendation and directed that the Petitioner be retained. Although the record is incomplete, it appears the Petitioner made a voluntary statement concerning her homosexuality, and as a result ofthat statement, she was notified of administrative separation by reason of homosexuality, at which time she elected her right to present her case to an administrative discharge board (ADB). The ADB recommended administrative discharge. The separation authority approved and directed that she be administrative separated by reason of homosexuality -admission with an other than honorable discharge (OTH). On 28 July l 989, Petitioner was discharged. d. Reference (c) sets forth the Department of the Defense's current policies, standards, and procedures for correction of military 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-11," 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 Petitioner' s overall record of military service, and the law and policy established in references (b) and (c), the Board concludes that her request warrants relief in the form of changing her characterization of service to "Honorable," narrative reason for separation to "Secretarial Authority," SPD code to "JFF," reenlistment code to "RE-11," and separation authority to "MARCORSEPMAN PAR 6207.2." The Board noted that normally a DD Form 215 would be issued to correct the record. However, issuing a new DD Form 214 will allow the Petitioner to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions about personal matters. RECOMMENDATION: Petitioner's naval record be corrected to show that on 28 July 1989, she was honorably discharged. Her narrative reason for separation was "Secretarial Authority," her SPD code was "JFF," the reenlistment code was "RE-11," and the separation authority was "MARCORSEPMAN PAR 6207.2." The Board also directed that she be issued a new Certificate of Release or Discharge from Active Duty (DD Form 2 14). No other relief be granted. A copy of this 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 Boards review and deliberations, and that the foregoing is a true and complete record of the Boards 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 of the Secretary of the Navy. Executive Director