From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF FORMER USMC, XXX-XX Ref: (a) 10 U.S.C. §1552 (b) 10 U.S.C. §654 (repealed) (c) UNSECDEF memo of 20 Sep 11 (Correction of Military Records Following Repeal of 10 U.S.C. §654) Encl: (1) DD Form 149 w/encls 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her Other Than Honorable (OTH) characterization of service on her Certificate of Release or Discharge from Active Duty (DD Form 214) be upgraded to Honorable. She also impliedly requested that the narrative reason for separation, separation authority, separation code, and reenlistment code be changed. Enclosure (1) applies. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 9 November 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 your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 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, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits. c. Petitioner enlisted in the Marine Corps and began a period of active duty on 18 June 1991. On 4 August 1993, she was the subject of a command preliminary inquiry regarding homosexual conduct when she solicited two female Marines to participate in homosexual acts. d. On 16 August 1993, Petitioner was notified of administrative discharge action due to homosexual acts. After being afforded her procedural rights, she elected to waive her right to have her case heard by an administrative discharge board. The case was forwarded to the separation authority, and on 2 September 1993, it was directed that Petitioner be discharged from the Marine Corps due to homosexuality. On 10 September 1993, Petitioner was discharged from the Marine Corps with an other than honorable (OTH) characterization of service. e. Characterization of service is based in part on conduct marks assigned on a periodic basis. In the Petitioner’s case, her final conduct average was 4.5. At the time of her service, a conduct average of 4.0 was required to be considered for a fully honorable characterization of service based on her reason for discharge. f. With her application, Petitioner states that she is requesting an Honorable discharge based on equity, and “don’t ask, don’t tell” is no longer the Department of Defense’s policy. g. 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 narrative reason for discharge to “secretarial authority,” SPD code to “JFF1,” re-characterize the discharge to Honorable, and reenlistment code to “RE-1J” when the original discharge was based solely on DADT or a similar policy in place prior to enactment, 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 that Petitioner’s request warrants favorable action in the form of relief. In this regard, the Board notes Petitioner's overall record of military service. The Board further notes that the discharge authority should have based Petitioner’s characterization of service on her overall conduct mark, which is high enough for a characterization of Honorable, vice OTH. Additionally, the separation authority should be changed to read “MARCORSEPMAN para 6214,” the separation code be changed to “JFF1,” narrative reason for separation should be changed to read “Secretarial Authority” and reenlistment code changed to “RE-1J.” In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) showing that on 10 September 1993, she received an “Honorable” discharge. Petitioner’s narrative reason for separation was “Secretarial Authority.” Petitioner’s separation authority was “MARCORSEPMAN par 6214.” Petitioner’s separation code be changed to read “JFF1.” Petitioner’s reenlistment code be changed to “RE-1J.” That no further action be granted. A copy of this Report of Proceedings be filed in Petitioner’s naval record. 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. 1/12/2021 Executive Director