From: Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
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 
     (2) 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 a change to his narrative reason for discharge and his reentry/reenlistment code, and the removal of all related references to homosexuality on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214), to reflect current military directives and policy.    
 
2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 21 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 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 began a period of active duty on 26 March 2001.  On 2 April 2001, Petitioner made a statement to his senior drill instructor that he was a homosexual and would do anything to be discharged from the Marine Corps.  On 17 April 2001, the Petitioner provided a voluntary 
statement to a command investigating officer admitting that he was a homosexual.  The results of this interview revealed that probable cause existed to believe there was a basis to process the Petitioner for separation due to homosexual conduct. 
 
d. On 19 April 2001, the Petitioner was notified of administrative separation proceedings by reason of homosexual conduct.  The factual basis for the separation was the probable cause determination of Petitioner’s homosexual conduct based on his interview and personal statement.  On the same day, the Petitioner waived his right to consult with counsel, submit a written statement, and present his case to an administrative separation board.  Ultimately, on 3 May 2001, the Petitioner was discharged with an uncharacterized (UNCHAR) characterization of service with “homosexual admission,” as the narrative reason for his separation, and he was assigned an “RE-3C” reentry code.  On 27 March 2008, the Naval Discharge Review Board determined that your discharge was proper as issued and that no change was warranted.       

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,” 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 warrants partial relief.  The Board noted Petitioner’s record supports that he was administratively discharged due to his homosexuality based on DADT, and that there were no aggravating factors surrounding his discharge.  In this regard, the Board notes the Petitioner’s overall record of military service and current Department of the Navy policy as established in reference (c), and concludes that relief in the form of changing his narrative reason for separation, separation authority, separation code, and his reenlistment/re-entry code is proper at this time.   
 
Notwithstanding the corrective action recommended below, the Board was not willing to modify the Petitioner’s discharge characterization.  The Board noted that the Petitioner was still in initial recruit training at the time of his discharge and serving his first 180 days of continuous military service.  Thus, the Petitioner remained in an “entry level status” for administrative separation purposes and his uncharacterized entry level separation (UNCHAR) was correct.  In the end, the Board concluded that the Petitioner received the appropriate discharge characterization based on the totality of his circumstances, and that such UNCHAR discharge was in accordance with all Department of the Navy directives and policy at the time of his separation.  
 
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 “Secretarial Authority,” the separation authority is “MARCORSEPMAN par. 6214,” the separation code is “JFF1,” and the reentry/reenlistment code is “RE-1J.” 
 
It is further directed that Petitioner be issued a new DD Form 214. 
 
That any and all previously existing DD Forms 214 and DD Forms 215, as applicable, be removed from Petitioner’s naval record. 
 
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 17 April 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. 

                                                                         
6/17/2020