DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2550-21 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER Ref: (a) 10 U.S.C. 1552 (b) 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 (NR20210002550) 1. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade to her discharge to reflect an honorable characterization of service, a change to her separation authority, a change to her SPD code and a change to her reentry (RE) code. Enclosure (1) and references (a) through (c) apply. 2. The Board consisting of Ms. Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 3 September 2021, and pursuant to its regulations, determined that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies to include reference (c). 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 17 October 1988. On 13 March 1989, Petitioner received a psychiatric evaluation which noted that she presented with “anger, depression.” d. On 10 May 1989, Petitioner received nonjudicial punishment (NJP) for possessing alcohol in the barracks. Petitioner was counseled the same day for failure to conform to military standards and regulations. e. On 18 May 1989, Petitioner was recommended for administrative discharge on the basis of homosexual acts. On 16 June 1989, Petitioner was involuntarily discharged on the basis of “Homosexuality-Act,” and received a general characterization of service and a reentry (RE) code of RE-4. f. In her application to the Board, Petitioner requests correction to her record pursuant to the repeal of “Don’t Ask, Don’t Tell.” Petitioner states that she was discharged from the Marine Corps after she spoke with a military psychiatrist on a few occasions about her struggle to reconcile her sexual orientation with her Marine Corps service. Petitioner states that she believed the conversations were confidential, but shortly after her disclosure, she was confronted by her commander who asked about her sexual orientation. Petitioner asserts that she requested an attorney and a Marine Corps officer impersonating an attorney met with her. After she explained the situation to the officer impersonating an attorney, she contends that her commander recommended discharge from the Marine Corps. Petitioner also provides explanatory information about the NJP from May 1989, stating that she accepted the blame for an empty alcohol bottle in her barracks that belonged to her roommate. Petitioner notes that her record is otherwise free of military offenses, infractions or negative performance reviews. She also states that she is a Veterans Service Officer at her local American Legion chapter, Junior Vice Commander of the Marine Corps League, and a co-chair of the . g. References (b) and (c) set 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 discharge 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. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concludes that Petitioner’s request warrants full relief. The Board noted that Petitioner received an NJP during her active duty service but found that the infraction was relatively minor and does not appear related to the basis for her administrative separation processing. Accordingly, the Board determined that Petitioner is entitled to an upgrade to her characterization of service to reflect an honorable discharge, a change to her narrative reason for separation with corresponding changes to her SPD code and separation authority, and a change to her RE code. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner’s naval record be corrected to show that on 16 June 1989, she was issued an honorable discharge by reason of “Secretary of the Navy Plenary Authority,” that her SPD code is “JFF1,” her separation authority is “MARCORSEPMAN PAR 6214,” and her RE code is RE-1J. That Petitioner be issued a new DD Form 214, reflecting these changes. That Petitioner be issued an honorable discharge certificate. That 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. 9/29/2021 Executive Director