From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy   
 
Subj:   REVIEW OF NAVAL RECORD OF FORMER ,             , USMC 
 
Ref:  (a) 10 U.S.C. §1552 
      (b) 10 U.S.C. 654 (Repeal) 
      (c) UNSECDEF Memo of 20 Sep 11 (Correction of Military Records Following Repeal 
      of 10 U.S.C. 654)  
 
Encl:   (1) DD Form 149 with attachments 
           (2) USMC Criminal Investigation Division (CID) Report of 1 Feb 96 
           (3) Notification of Separation Proceedings of 22 Feb 96 
           (4) CO Recommendation of 28 Feb 96 
           (5) Conditional Waiver of Administrative Discharge Board of 9 Apr 96 
           (6) CO Approval of Conditional Waiver of 10 Apr 96 
           (7) Separation Authority Decision of 18 Apr 96 
           (8) Certificate of Release or Discharge from 
                Active Duty (DD Form 214) 
  
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the  
Marine Corps, filed enclosure (1) with this Board requesting, that her character of service, narrative reason for separation, and reentry code (RE) be changed.  Implicit in this request is that changes also be made to the separation program designator (SPD) and separation authority indicated on Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 19 August 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, 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 and began a period of active duty on  
28 March 1994.   
 
     d.  The record reflects an investigation was conducted concerning allegations of homosexual conduct.  The investigation concluded that there was substantial credible evidence to establish that Petitioner engaged in homosexual conduct.  See enclosure (2). 
 
     e.  On 22 February 1996, Petitioner received a letter of notification informing her that she was being considered for an administrative discharge for homosexual conduct.  Petitioner elected her right to be represented by counsel and to have her case heard by an administrative discharge board (ADB).  See enclosure (3).  
 
     f.  On 28 February 1996, the commanding officer (CO) recommended that Petitioner be administratively discharged from the Marine Corps with a general (under honorable conditions) characterization of service by reason of homosexual conduct.  See enclosure (4). 
 
     g.  On 9 April 1996, after consulting with counsel, Petitioner submitted a conditional waiver request of her right to an ADB contingent that her characterization of service be characterized as general (under honorable conditions).  On 10 April 1996, the CO approved Petitioner’s request.  See enclosures (5) and (6). 
 
     h.  On 18 April 1996, separation authority directed administrative discharge with a general (under honorable conditions) characterization of service by reason of homosexual act.  See enclosure (7). 
 
     i.  On 25 April 1996, Petitioner was discharged.  At the time of discharge, Petitioner was issued a DD Form 214 with a character of service “general (under honorable conditions),” separation authority “MARCORSEPMAN Per 6207,” separation code “HRA1,” reenlistment code “RE-4,” and narrative reason for separation “Homosexual Act.”  See enclosure (8). 
 
     j.  Reference (c) sets forth the Department of the Defense’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 guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reenlistment 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, the Board concludes Petitioner’s request warrants relief.   

The Board carefully weighed all potentially mitigating factors, such as Petitioner’s contention that the military has changed its policy with regard to homosexual conduct in the military, and the Department of Defense (DoD) has made it clear that a lack of equity exists where policies and procedures under which the applicant was discharged.  Petitioner further contends that had her case been considered under the current military policy regarding homosexual conduct, there is substantial doubt that she would have been discharged. 
 
After careful consideration of Petitioner’s overall record of military service, and the law and policy established in the references, the Board concludes that Petitioner’s request warrants relief in the form of changing Petitioner’s characterization of service to “Honorable,” narrative reason for separation to “Secretarial Authority,” SPD code to “JFF,” reenlistment code to “RE-1J,” and separation authority to “MARCORSEPMAN 6207.2.” 
 
In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. 
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action. 
 
That Petitioner’s naval record be corrected to show that on 25 April 1996, Petitioner’s characterization of service was “Honorable,” narrative reason for separation was “Secretarial Authority,” the SPD code assigned was “JFF,” the reenlistment code was “RE-1J,” and the separation authority was “MARCORSEPMAN 6207.2.”   
 
It is further directed that Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
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 20 August 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.