DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6061-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 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 with attachments 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed the the enclosure with this Board requesting, that his general (under honorable conditions) discharge be changed per references (b) and (c), as well as that his social security number (SSN) be corrected on his Certificate of Release or Discharge from Active Duty (DD Form 214). Implicit in this request is that changes also be made, consistent with reference (c), to the narrative reason for separation, Separation Program Designator (SPD), Reenlistment (RE) Code, and separation authority indicated on Petitioner’s discharge from the military. 2. The Board, consisting of , reviewed Petitioner’s reviewed Petitioner’s allegations of error and injustice on 28 August 2019 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 of the enclosures, naval records, as well as 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 the enclosure 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 6 July 1977. On 15 February 1979, Petitioner received non-judicial punishment (NJP) for losing his military identification card. On 29 May 1979, Petitioner received his second NJP for an unauthorized absence totaling nine days. On 18 August 1979, Petitioner made a statement admitting to being involved in homosexual activities while a member of the Marine Corps. On 28 November 1979, Petitioner received his third NJP for an unauthorized absence totaling three days. On 7 December 1979, Petitioner’s Commanding Officer recommended that Petitioner be administratively discharged by reason of unsuitability due to homosexual activity. On 11 December 1979, Petitioner received his fourth NJP for an unauthorized absence totaling six days. Subsequently, Petitioner was notified of pending administrative separation action, at which time Petitioner elected to consult with legal counsel. The staff judge advocate found the proceedings sufficient in law and fact to support the recommended administrative discharge. The discharge authority approved the recommendation and directed discharge with a general (under honorable conditions) character of service. On 13 June 1980, Petitioner was discharged. d. Petitioner contends his discharge was unjust because it was based on his sexual orientation. e. Reference (c) sets forth the Department of the 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. It provides service Discharge Review Boards with guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment code to “RE-1J,” when the original discharge was based solely on DADT, or a similar policy in place prior to enactment of it, if there are no aggravating factors in the record, such as misconduct. CONCLUSION: After considering the enclosure, Petitioner’s overall record of military service, and the law and policy established in the references, the Board concludes that Petitioner’s request warrants relief in the form of changing Petitioner’s characterization of service to “honorable,” the narrative reason for separation to “secretarial authority,” SPD code to “JFF,” reenlistment code to “RE­1J,” and separation authority to “MARCORSEPMAN 6207.2.” In regard to Petitioner’s request to correct his SSN on his DD Form 214, the Board determined Petitioner’s request also warrants relief in the form of correcting his SSN to reflect " " vice " ." In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: In view of the above, the Board directs the following corrective action. That Petitioner’s naval record be corrected to show that on 13 June 1980, Petitioner’s characterization of service was “honorable,” the narrative reason for separation was “secretarial authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” the separation authority was “MARCORSEPMAN 6207.2.” Additionally, his SSN be corrected to reflect " ." It is further directed 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 25 June 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. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval 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 of the Navy. 10/4/2019