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

Docket No: 11357-19  
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Commandant of the Marine Corps  

Subj:   REVIEW 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 Record following Repeal of U.S.C. 654) 

Encl:   (1) DD Form 149 with attachments 

1.  Pursuant to reference (a) – (c), Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with this Board requesting that the narrative reason on his DD Form 214 be changed to show that he completed his first full term of service, to reflect current military directives and policy. 

2.  The Board, consisting of                                                                  , reviewed Petitioner’s allegations of error and injustice on 7 May 2020, 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 the enclosures, together with all material submitted in support thereof, relevant portions of Petitioner’s 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 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 began a period of active duty on 29 May 1996.  On 9 October 1997, Petitioner provided a written statement concerning his homosexuality, which was included a report of investigation dated 23 October 1997.  Petitioner was notified of administrative discharge and he provided a response requesting an honorable discharge on 13 November 1997.  On 9 December 1997, Petitioner was discharged and his DD Form 214 states as the reason for discharge “Homosexual admission,” and includes an RE-4 reentry code. 

    d.   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 normally grant requests to change the characterization of service to “honorable” or “general (under honorable conditions),” narrative reason for discharge to “secretarial authority,” separation code to “JFF,” and reentry 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: 

Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concludes that Petitioner’s request only warrants partial relief.  The Board noted Petitioner’s record supports that he was administratively discharged due to his homosexuality based on DADT. 
 
The Petitioner’s requested relief, however, goes farther, and seeks to have this DD Form 214 changed to reflect that he served his entire term of military service.  Notwithstanding the corrective action recommended below, the Board was not willing to change the Petitioner’s DD Form 214 to reflect a period of service that he did not actually serve.  

RECOMMENDATION: 

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

That Petitioner’s naval record be corrected to show that his narrative reason for separation is changed to “Secretarial Authority,” the separation authority is changed to “MILPERSMAN 1910-164,” and the separation code is changed to “JFF.” 

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 16 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 Regulations, 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. 

5/29/2020