Docket No: 2757-21                                                                                             
Ref: Signature Date  
 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Commandant of the Marine Corps 
 
Subj:   REVIEW NAVAL RECORD OF FORMER  , USMC,  
        XXX-XX-   
            
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 with attachments 
        (2) Case summary 
        (3) Subject's naval record (excerpts) 
 
1.  Pursuant to the provisions of reference (a), Petitioner filed enclosure (1) on behalf of Subject (deceased) with the Board for Correction of Naval Records (Board), requesting that Subject’s characterization of service “Other Than Honorable Conditions (OTH),” be upgraded pursuant to the repeal of reference (b).  Enclosures (1) through (3) apply. 
  
2.  The Board consisting of Mr. , Mr. , and Mr.  reviewed Petitioner’s allegations of error and injustice on 26 May 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.  
 
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.  Subject enlisted in the Marine Corps on 27 May 1982.  On 4 November 1984, Subject admitted to being a bisexual and engaging in a homosexual act with another Marine.  On 15 November 1984, a command investigation determined that Subject committed homosexual activities with another Marine on several occasions.  As a result, administrative separation action was initiated, and Subject was ultimately separated on 21 December 1984, with a General (under honorable conditions) characterization of service by reason of involvement/admission of homosexuality.  
 
     d.  Reference (c) sets 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 separation to “secretarial authority,” separation 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 reference (b) and (c), the Board concludes that Petitioner’s request warrants relief.   
 
In view of the foregoing, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Subject’s naval record be corrected to show that on 21 December 1984, his characterization of service was “honorable,” his narrative reason for separation was “secretarial authority,” his separation code was “JFF,” reenlistment code was “RE-1J,” and his separation authority was “MARCORSEPMAN 6421”.   
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214). 
 
That no further changes be made to the record. 
 
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. 
 
                                                                          
Sincerely, 



6/3/2021

Executive Director