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

Docket No. 8898-17 
MAR 01 2018 

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title IO U.S.C. § 1552 
(b) Title IO U.S.C. § 654 (Repeal) 
(c) UNSECDEF Memo of20 Sep 11 (Correction ofMilitary Record following Repeal 
ofTitle 10 U.S.C. § 654) 
Encl: (1) DD Form 149 w/attachments 
(2) Subject's naval record 

1. Pursuant to the provisions ofreference (a), Petitioner, filed enclosure (I) with this Board 
requesting, in effect, that his general under honorable character ofservice be changed to honorable 
per references (b) and ( c). 

2. The Board, consisting of              , reviewed Petitioner's allegations oferror and injustice on 3 
January 2018 and, 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 ofPetitioner's naval 
records, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations oferror 
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 oflimitations and review the application on its merits. 

c. Petitioner enlisted in the Marine Corps on 26 September 1988. 

d. On 20 December 1989, Petitioner submitted a voluntary written statement admitting to a 
homosexual relationship with another Marine. He further stated that there was never any sexual 
contact aboard ship or in the barracks. Subsequently, Petitioner was notified ofproposed 
administrative separation by reason ofhomosexuality due to homosexual acts. He did not consult 
with counsel and waived his right to an administrative discharge board. 
e. On 22 December 1989, Petitioner was discharged with a general under honorable conditions 
character of service by reason ofhomosexuality. 

f. References (b) and ( c) set forth the Department ofthe Navy'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 the guidance to grant requests to 
change the characterization of service to "honorable," narrative reason for discharge to "secretarial 
authority," SPD code to "JFF," and reentry 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 

Upon review and consideration of all the evidence ofrecord, and especially in light ofreferences (b) 
and (c), the Board concludes that Petitioner's request warrants relief. In this regard, the Board notes 
Petitioner's overall record ofmilitary service and current Department ofthe Navy policy. 

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

RECOMMENDATION 

Petitioner be issued a new Certificate ofRelease or Discharge from Active Duty (DD Form 214) 
indicating an "honorable" character of service, "MARCORSEPMAN 6214" separation authority, 
"JFFI" separation code, "RE-! J'' reenlistment code, and "Secretarial Authority" narrative reason for 
separation. 

A copy ofthis Report ofProceedings will be filed in Petitioner's naval record. 

That, upon request, the Department ofVeterans Affairs be informed that Petitioner's application 
was received by the Board on 25 October 2017. 

4. It is certified that 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 Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval Records 
(32 Code ofFederal Regulations, Section 723.6(c)), 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. 


Executive Director