Docket No. 6234-19  
Ref: Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 
Encl:(1) DD Form 149 w/ attachments 

1.  Pursuant to the reference, Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with this Board requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to change his characterization of service from a void enlistment (based on lack of jurisdiction). 

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, 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 the enclosure was not filed in a timely manner, it is in the interest of justice to waive the statute limitation and review the application on its merits. 

c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 16 March 1976.  On 7 March 1977, petitioner was referred to a court-martial.  At his court-martial, he argued that the court-martial did not have jurisdiction over him because his enlistment was void due to his felony convictions as a juvenile.  The military judge dismissed the court-martial case and petitioner was subsequently discharged based on a void enlistment on 9 March 1977. 

d.  Petitioner contends that his DD Form 214 reflecting an uncharacterized void enlistment has impacted his ability to obtain benefits. 

e.  It is current Department of the Navy policy, under circumstances such as in this petition, when requested, to change the void enlistment to show that the narrative reason for separation is changed to “Secretarial Authority,” the separation authority is changed to “MILPERSMAN 1910­164,” and the separation code is changed to “JFF.” 

f.  Petitioner also noted in his petition that he changed his name, but he did not seek that as a form of relief.  Out of caution, to the extent the issue was raised, the Board denied such request based on insufficient evidence. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concludes that petitioner’s request to change his uncharacterized void enlistment discharge warrants relief.  

In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action: 

RECOMMENDATION: 

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.” 

No further changes be made to Petitioner’s record. 

A copy of this report of proceedings be filed in Petitioner’s naval record. 

Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 18 June 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.