DEPARTMENT OF THE NAVY 

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

RLJ 
Docket o: 2329-18 
JUL 1 6 2018 
From: 
To: 
Chairman. Board for Correction of Naval Records 
Secretary of the Navy 

Subj: REVIEW AVAL RECORD OF FORMER 

5 U.S.C. 552(b)(6)
, USMC, 

5 U.S.C. 552(b)
(6)
Ref: (a) 10 U.S.C. 1552 
(b) 10 U.S.C. 654 (Repeal) 
(c) UNSECDEF Memo OF 20 Sep 11 (Correction of Military Record following Repeal 
of U.S.C. 654) 
Encl: (1) DD Form 149 with attachments 
(2) Case summary 
(3) Subject's naval record 

l. Pursuant to the provisions of reference (a), Petitioner. a former enlisted member of the Marine 
Corps, filed enclosure (l) with this Board requesting, in effect, that his "Under Other Than 
Honorable Conditions" discharge be changed to Honorable. Enclosures (1) through (3) apply. 
2. The Board consisting of reviewed Petitioner's 5 U.S.C. 552(b)(6)
allegations oferror and injustice on I May 2018 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 your application, together with all 
material submitted in support thereof, relevant portions ofyour naval record and applicable 
statutes, regulations and policies. 

3. The Board, having reviewed all the facts ofrecord 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 active service on 31 January 1977. On 
2 1 March 198 1, Petitioner was observed in the same bed as another Marine allegedly engaging in 
homosexual acts. As a result, an investigation was initiated and turned over to the Naval 
Criminal Investigative Service. On 28 April 1981, Petitioner submitted a voluntary written 
statement admitting to his participation in homosexual acts while enlisted in the Marine Corps. 

d. On 18 May 198 L Petitioner was notified of proposed administrative discharge action by 
reason of misconduct on the specific basis of homosexual acts. He did not consult with counsel 
and waived his right to an administrative discharge board. On 7 August 1981, Petitioner's 
commanding officer recommended an under other than honorable conditions character of 
service. The discharge authority concurred with the recommendation and on 18 December 1981, 
petitioner was discharged with an "under other than honorable condition" character ofservice, 
"'MARCORSEPMAN PAR 6013.38" separation authority, "GKC-3" separation code, RE-4 
reenlistment code, and '·Homosexual Class III (W/O Admin Board" narrative reason for 
separation. 
e. References (b) and (c) set forth the Department of the Navy'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. 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. 
CO CLUSIO : 

Upon review and consideration ofall the evidence of record, and especially in light of references 

(b) and (c), the Board concludes that Petitioner's request warrants relief. The Board noted that 
Petitioner's record supports that Petitioner was discharged on the basis of an admission to 
homosexuality and there were no aggravating factors surrounding his discharge. 
ln view of the above, the Board directs the following corrective action. 

RECOMME DATIO T: 

That Petitioner's Naval record be corrected to show that on 18 December 1981, he was 
discharged with an '·honorable" character of service, "MARCORPSEPMAN 6214" separation 
authority, "JFF l "' separation code, "RE-1 J" reenlistment code, and '·secretarial authority" 
narrative reason for separation. 

That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214). 

That a copy of this report of proceedings be filed in Petitioner's Naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application 
was received by the Board on 19 March 2018. 


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 of the Board·s proceedings in the above entitled matter. 
5 U.S.C. 552(b)(6)
Recorder 

5. Pursuant to the delegation of authority set out in Section 6(e) of the 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 
behalfof the Secretary of the avy. 


Executive Director 

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