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

Docket No: 0207-19  
Date:  Ref Signature  

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 Record following Repeal of U.S.C. 654)  

Encl: (1) DD Form 149 (2) 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 an upgrade to his discharge to reflect an honorable characterization of service, change to his narrative reason of separation, and adjustment to his reentry code.  

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 8 January 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, relevant portions of his naval service 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 enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 

c.  Petitioner enlisted in the Marine Corps and began a period of active service on 30 August 1960. On 7 February 1961, Petitioner received non-judicial punishment (NJP) for unauthorized absence (UA).  On 23 May 1961, the Petitioner received NJP for damaging government property.  On 7 August 1961, Petitioner submitted an admission to the commission of homosexual acts.  On 15 August 1961, the Petitioner received NJP for UA and failure to obey a lawful order.  On 21 August 1961, the Petitioner’s commanding officer recommended that he be discharged with an undesirable characterization of service by reason of unfitness-characterized by the act of sodomy.  On 11 September 1961, an administrative discharge board (ADB) convened and recommended the Petitioner’s discharge with an undesirable characterization of service by reason of unfitness.  On 18 September 1961, the discharge authority approved and directed his discharge.  On 26 September 1961, Petitioner was discharged with an other than honorable (OTH) characterization of service by reason of unfitness. 

d.  Petitioner requests upgrade to the characterization of his discharge to honorable, adjustment to his narrative reason for separation and change to his reentry code citing current policy. 

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-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), theBoard concludes that Petitioner’s request warrants partial relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy.  TheBoard notes aggravating factors of misconduct in the Petitioner’s naval record, therefore, in view of the foregoing, the Board determined an upgrade to his characterization of service to general (under honorable conditions).  Further, the Board noted current Department of the Navy policy as established in reference (b) and (c). 

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

RECOMMENDATION: 

That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating a “general (under honorable conditions)” characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MARCORSEP 6214” separation authority. 

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 30 November 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.