Docket No: 8154-19 
Ref:   Signature Date    
  
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  EVIEW OF NAVAL RECORD OF FORMER MEMBER              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) Case summary 
       
1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted Marine, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting her Certificate of Release or Discharge from Active Duty (DD Form 214) be changed to reflect an upgraded characterization of service.  Enclosures (1) and (2) apply.  
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 25 September 2020, and, pursuant to its regulations, determined 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 naval service 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 review the application on its merits.  
 
     c.  Petitioner enlisted in the Marine Corps on 5 July 1963.  On 24 January 1964, she admitted a pre-service homosexual relationship and stated she “fluctuated” between men and women.  On 30 January 1964, she was evaluated by medical, and it was recommended she be “expeditiously but graciously” administratively processed for separation.  A 10 February 1964 investigation determined there was “no evidence indicating that subject named Marine has been involved in any service-connected activity.”  Subsequently, Petitioner was notified of pending administrative separation action by reason of unsuitability.  After she waived her procedural rights, Petitioner’s Commanding Officer (CO) recommended discharge with a general, under honorable conditions (GEN), characterization of service and stated “the character of her service from time of entry to date has no adverse reports nor disciplinary action.”  The discharge authority concurred with the CO’s recommendation and directed discharge with a GEN characterization of service by reason of unsuitability.  On 20 March 1964, Petitioner was discharged with a GEN characterization of service.  At the time of discharge, her final average marks were 4.6/4.6. 
 
      d.  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, and especially in light of references (b) and (c), the Board concludes Petitioner’s request warrants relief.  The Board noted Petitioner’s record supports that she was solely discharged on the basis of a homosexual admission with no aggravating factors.  
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner be issued a new DD Form 214 indicating her characterization of service as “honorable,” narrative reason for separation as “secretarial authority,” separation code as “JFF1,” separation authority as “MARCORSEPMAN 6421,” and reentry code as “RE-1J.”       
     
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.