DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4559-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Commandant of the Marine Corps Ref: (a) Title 10 U.S.C. 1552 (b) Title 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) 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, in effect, that her characterization of service “General Under Honorable Conditions,” narrative reason for separation “Homosexuality,” be changed per reference (b) and given a constructive period of service for two years of active duty. She also implied and requested that her, separation program designator (SPD) “HRB”, and “RE­4” (not recommended for retention) reenlistment code be changed per reference (b). Additionally, that the separation authority “MARCORSEPMAN 6207”, be changed. Enclosures (1) through (3) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 9 June 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 enclosure, relevant portions of Petitioner’s 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 on 21 June 1983. On 16 July 1984, Petitioner admitting to engaging in mutual homosexual activities while serving as an active duty Marine. As a result, administrative separation action was initiated. After being afforded all of her rights, it was directed that she receive a general under honorable conditions discharge by reason of homosexuality. On 29 October 1984, she was discharged. d. Reference (c) sets 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 separation 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. e. Based on the guidance, reflected in reference (d), from the Office of the Secretary of Defense (OSD) and Department of Defense (DOD). Former military personnel who have legally changed their name and sex, or are the subject of gender reassignment, may have their Certificate of Release or Discharge from Active Duty (DD Form 214) changed to accurately reflect their present name and sex/gender. In this regard, the change may allow them to obtain various benefits, services, employment, etc., without being subject to otherwise invasive questions. However, the provisions/guidance only apply to the service-member’s DD Form 214. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of reference (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 as established in reference (b) and (c). That relief in the form of her characterization of service be changed to read “honorable”, narrative reason for separation be changed to read “secretarial authority”, SPD code to “JFF”, and reenlistment code to “RE-1J”. Additionally, change her separation authority to read “MARCORSEPMAN 6214”. However, her request to be given a constructive period of service for two years of active duty is denied. In this regard, the record clearly shows that Petitioner served a total of one year, four months, and nine days on active duty prior to being discharged. In view of the foregoing, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating that on 29 October 1984, her characterization of service was “honorable”, her narrative reason for separation was “secretarial authority”, SPD code was “JFF”, reenlistment code was “RE-1J”, and her separation authority was “MARCORSEPMAN 6214”. That Petitioner be issued an Honorable Discharge Certificate. That no further changes be made to the 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 12 March 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.