DEPARTMENT OF THE NAVY 

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

Docket No: 3810-17 
JUL 25 2017 

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

Subj: REVIEW OF NAVAL RECORD ICO 
Ref: (a) 10 U.S.C. 1552 
     (b) 1O 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 
      (2) Subject's naval record (excerpts) 

I. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Marine 
Corps, filed enclosure (1 ), requesting that her characterization of service, the narrative reason for 
discharge, the program designator code (SPD), the separation authority, and the reentry code be 
changed on her Certificate ofRelease or Discharge from Active Duty (DD Form 214). 

2. Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

3. The Board, consisting of         , reviewed Petitioner's 
allegations of error and injustice on 9 June 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 ofthe enclosures, naval records, and 
applicable statutes, regulations and policies. Enclosures (1) and (2) apply. 

4. 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 ofthe Navy. 

b. Although enclosure (1) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute of limitations and review the application on its merits. 

c. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 28 May 1997. 
On 22 October 1997, she submitted a written statement, declaring that she is a homosexual. In 
her statement, she admitted to pre-service homosexual relationships and indicated a propensity to 
continue to engage in an active homosexual lifestyle, despite an in-depth explanation ofthe 
Marine Corps' policy on homosexual conduct. In view of the foregoing, on 26 November 1997, 
administrative separation action was initiated. After being afforded all ofher procedural rights, 
her Connnanding Officer reconnnended she received an honorable discharge by reason of 
homosexual admission. However, the separation authority directed an uncharacterized 
characterization of service by reason ofhomosexual admission. Petitioner was discharged on 
8 January 1998. There is no misconduct or aggravating factors documented in Petitioner's 
official military personnel file. 

d. 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-1 J ," 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 of all the evidence ofrecord, 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 sole basis for discharge was her 
homosexual admission. Although the Board did not condone her admitted intent to continue an 
in-service homosexual lifestyle even after legal counsel explained, in depth, the Marine Corps' 
policy on homosexual conduct, the Board noted that there is no documented misconduct or 
aggravating factors in Petitioner's record. Further, the Board noted that at the time she was 
notified ofher administrative separation processing, she had served 183 days. Thus, was not in 
an entry level status and her characterization of service did not qualify for an "uncharacterized" 
characterization of service. The Board concluded that her characterization ofservice shall be 
honorable, and the narrative reason for discharge, the SPD code, the separation imthority, and the 
reentry code shall be changed.

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

RECOMMENDATION: 

Subject's naval record be corrected to show that, on 8 January 1998, the characterization of 
service was "Honorable," the narrative reason for discharge was "secretarial authority," the 
program designator code (SPD) was "JFFl," and the reentry code was "RE-IJ." Additionally, the 
separation authority was "MARCORSEPMAN 6214." 

No further relief be granted. 

A copy ofthis report ofproceedings be filed in Subject's naval record. 

Upon request, the Department of Veterans Affairs be informed that Subject's application was 
received by the Board on 25 April 2017. 

5. 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 of the Board's proceedings in the above entitled matter. 

6. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures ofthe 
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 ofthe Navy. 


 
Executive Director