DEPARTMENT OF THE NAVY 

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

Docket No: 499-17 

MAR 13 2017 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) 10 U.S.C. 1552 
     (b) 10 U.S.C. 654 (Repeal) 
     (c) UNSECDEF memo of 20 Sep 11 (Correction of Military 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 her general under honorable conditions 
characterization of service be upgraded. She impliedly requested that her narrative reason for 
discharge "homosexual admission," her program designator code (SPD) "HRBl," her reentry 
code "RE-4," and the separation authority "MARCORSEPMAN PAR 6207.2" be changed. 

2. The Board, consisting of      , reviewed Petitioner's 
allegations oferror and injustice on 24 February 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 ofthe 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 ofthe Navy. 

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

c. Petitioner enlisted in the Marine Corps and began a period of active duty on 
24 March 1997. On 3 October 1997, a Marine standing fire watch witnessed the Petitioner in 
bed with another female kissing and fondling each other. On 3 November 1997, she received 
nonjudicial punishment (NJP) for indecent acts with another. She was also counseled regarding 
her violation of Article 134 of the Uniform Code of Military Justice (UCMJ). 

On 20 November 1997, Petitioner submitted a written statement admitting to being a homosexual 
and indicated a propensity to engage in an active homosexual lifestyle. In view of the foregoing, 
administrative separation action was initiated. After being afforded her procedural rights, her 
commanding officer recommended an other than honorable (OTH) discharge. On 
5 February 1998, the discharge authority directed a general under honorable conditions discharge 
by reason ofhomosexual admission, and on 11February1998, she was so discharged. At the 
time ofher discharge, her proficiency and conduct marks were 3.6 and 3.7, respectively. 
Character of service is based, in part, on conduct averages which are computed from marks 
assigned during periodic evaluations. An average of 4.0 in conduct was required at the time of 
her separation for a fully honorable characterization of service. 

d. Reference (c) sets forth the Department ofthe 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. Itprovides 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 of it, and 
there are no aggravating factors in the record, such as misconduct. 

CONCLUSION: 

The Board notes Petitioner's misconduct and does not condone her actions. However, being 
fully aware ofthe guidance regarding aggravating factors addressed in reference ( c ), and a 
conduct average below the required average for a fully honorable characterization ofservice, 
concludes that Petitioner's requests warrants favorable action. Specifically, the Board believes 
that the same offense committed by a heterosexual couple in the barracks would not have 
warranted an NJP, reduced conduct marks, and subsequent administrative discharge. Thus, the 
Board concludes that relief is warranted in the form of change ofPetitioner's characterization of 
service to "honorable", reason for separation to "secretarial authority," SPD code to "JFF", 
reenlistment code to "RE-lJ," and the separation authority of"MARCORSEPMAN 6214." 

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

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that, on 11 February 1998, her 
characterization ofservice was "honorable," the narrative reason for separation was "secretarial 
authority," she was assigned SPD code "JFF," and "RE-IJ" reentry code. Additionally, that the 
separation authority was "MARCORSEPMAN 6214." 

b. That Subject be issued a new Certificate of Release or Discharge From Active Duty (DD 
Form 214). 

c. That a copy ofthis report of proceedings be filed in Subject's naval record. 

d. Recorder 

5. Pursuant to the delegation ofauthority 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 ofreference (a), has been approved by the Board on 
behalfofthe Secretary ofthe Navy. 

That, upon request, the Department of Veterans Affairs be informed that Subject's 
application was received by the Board on 19 January 2017. 

4. It is certified that a quorum was present at the Board's review and deliberations, and that the 
foregoing is true and complete record of the Board's proceeding in the above entitiled matter.  

Executive Director