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

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:   REVIEW OF NAVAL RECORD OF    
            
 
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 
        (2) Case summary 
        (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, that his characterization of service be changed.  Implicit in this request is that changes also be made to Petitioner’s narrative reason for separation, reenlistment code (RE), separation authority, and separation program designator (SPD) indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214).   
 
2.  The Board, consisting of ,   ,    and    reviewed Petitioner's allegations of error and injustice on 26 August 2020 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, 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 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 29 June 1982.  On 30 October 1984, Petitioner received non-judicial punishment (NJP) for an unauthorized absence.  On 6 November 1984, Petitioner made a sworn statement in which he admitted that he was bisexual/homosexual.  On 7 November 1984, as part of an investigation concerning a different incident in which the Petitioner was allegedly involved, Petitioner further admitted to having homosexual experiences while in the Marine Corps.  Subsequently, on 15 November 1984, Petitioner was notified of an administrative action to separate him from the naval service because of homosexuality.  Petitioner was advised of, and waived, his procedural right, to consult with and be represented by military counsel, and his right to present his case to an administrative discharge board (ADB).  The commanding officer (CO) recommended administrative discharge from the naval service with an honorable characterization of service.  The discharge authority directed administrative discharge from the naval service with an other than honorable (OTH) characterization of service by reason of homosexuality.  On 8 January 1985, Petitioner was discharged.     
 
     d.  Petitioner contends that his discharge was wrong, he was forced into an admission.    
 
     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 and there are no aggravating factors in the record, such as misconduct.   
 
CONCLUSION: 
 
After considering enclosures (1) and (2), Petitioner’s overall record of military service, and the law and policy established in references (b) and (c), the Board concludes that Petitioner’s request warrants relief.  The Board concluded that the record shall be changed by changing Petitioner’s characterization of service to “Honorable,” narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to “RE-1J,” and separation authority to “MARCORSEPMAN 6207.2.” 
 
RECOMMENDATION: 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action: 
 
That Petitioner’s naval record be corrected to show that on 8 January 1985, Petitioner’s characterization of service was “Honorable,” narrative reason for separation was “Secretarial Authority,” SPD code assigned was “JFF,” reenlistment code was “RE-1J,” and separation authority was ““MARCORSEPMAN 6207.2.”  It is further directed that Petitioner be issued a new 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 31 October 2019. 
 
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.