DEPARTMENT OF THE NAVY 

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

Docket No: 6339-17 


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) 1O U.S.C. 654 (Repeal) 
     (c) UNSECDEF memo of20 Sep 11 (Correction of Military Records Following Repeal 
of 1O U.S.C. 654) 
Encl: (1) DD Form 149 w/enls 
      (2) Subject's naval record (excerpts) 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine 
Corps, filed enclosure (I) with this Board requesting that his characterization of service be 
changed on his Certificate of Release or Discharge from Active Duty (DD Form 214) to 
honorable. He also impliedly requested that his reason for separation "280 Paragraph 
13267 .2b(6) Marine Corps Personnel Manual" be changed. Enclosures (1) and (2) apply. 

2. The Board, consisting of        , reviewed 
Petitioner's allegations of error and injustice on 27 September 2017, and pursuant to its 
regulations, determined that the partial corrective action indicated below should be taken on the 
ava.ilable evidence ofrecord. Documentary material considered by the Board consisted ofthe 
enclosures, relevant portions ofhis naval record, 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, it is in the interest ofjustice to 
waive the statute oflimitations and review the application on its merits. 
 
c. Petitioner enlisted in the Marine Corps and began a period ofactive duty on 5 January 
1962. On 12 September 1962, he submitted a voluntary statement admitting to voluntary 
participation in homosexual acts prior to enlisting in the Marine Corps. After being afforded all 
ofhis procedural rights, on 12 September 1962, his Commanding Officer forwarded a 
recommendation to the separation authority that he receive an undesirable discharge due to 
fraudulent entry for pre-service homosexual experiences. On 14 September 1962, the separation 
concurred and directed that Petitioner received an undesirable discharge. He received an other 
than honorable (OTH) discharge on 9 October 1962. 

d. Reference ( c) sets forth the Department ofthe Defense's current policies, standards, and 
procedures for correction ofmilitary records following the "don't ask, don't tell" (DADT) repeal 
of IO 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 "JFFl," 
re-characterize the discharge to honorable, and reenlistment code to "RE-IJ," 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. Although Petitioner was 
administratively process for fraudulent entry, the separation authority directed that he be 
discharged due to misconduct. 

CONCLUSION: 

Upon review and consideration ofall the evidence of record, the Board concluded that the 
Petitioner's request warrants favorable action in the form ofrelief. 

Although the Board members recognizes Petitioner's participation in homosexual acts occurred 
prior to coming onto active duty and did not disclosed it prior to his active duty, a discharged due 
to misconduct and to receive an OTH discharge for a little over 11 months of service with no 
misconduct, that an honorable discharge is warranted in this case. 

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

RECOMMENDATION: 

Petitioner's naval record be corrected to show that on 9 October 1962, he received an honorable 
discharge. 

Petitioner's reason for discharge was "Secretarial Authority." 

Petitioner be issued a new DD Form 214. Although a separation code, reenlistment code, or 
separation authority were not used in 1962, when preparing his new DD Form 214, show that on 
9 October 192, his separation code was "JFFl ,"reenlistment code was "RE-IJ," and the 
discharge authority was "MARCORSEPMAN par 6214." 

That no further action 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 26 July 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 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary of the Navy. 



Executive Director