Docket No: 2469-19  
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     (b) 10 U.S.C. § 654 (repealed) 
     (c) UNSECDEF memo of 20 Sep 11, “Correction of Military Record following Repeal of 10 U.S.C. § 654” 

Encl: (1) DD Form 149 

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board) requesting an upgrade to his discharge to reflect an honorable characterization of service, addition of all awards due to him, and adjustment to his rank from LCPL to CPL.  

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 9 April 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 the enclosure 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 10 June 1987.  On 1 March 1990, Petitioner was promoted to the rank of CPL.  On 17 July 1991, Petitioner was counseled regarding his release from active duty by reason of homosexuality.  On 19 July 1991, Petitioner was discharged with an other than honorable (OTH) characterization of service by reason of homosexuality. 

d.  Petitioner requests an upgrade to the characterization of his discharge to honorable, adjustment to his rank from LCPL to CPL, and the addition of all awards due unto him.  Petitioner cites current policy as reason for correction to his record. 

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 Title 10, United States Code, Section 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 relief.  In this regard, the Board noted Petitioner’s overall record of military service and the current Department of the Navy policy.  Further, the Board noted current Department of the Navy policy as established in reference (b) and (c). 

In regard to Petitioner’s request for addition of awards, as the Petitioner has not exhausted his administrative remedies, the Board refers Petitioner’s request to HQMC MMMA for action. 

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 “CPL” rank, an “Honorable” 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 25 February 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. 


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