Docket No: 4105-21

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL  
            
 
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  
         (2) Naval record (excerpts) 
 
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 adjustment to her naval record to change separation code, reentry code, and narrative reason for separation. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 23 July 2021, 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, relevant portions of his 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 and began a period of active service on 11 December 2001.  On 2 May 2003, Petitioner was counseled regarding her pending receipt of non-judicial punishment (NJP) for disobedience of a lawful order.  On 5 May 2003, Petitioner received NJP for disobeying a lawful order.  On 6 May 2003, a command investigation revealed Petitioner attempted to get married to another female.  On the same day, Petitioner was notified of the initiation of administrative separation due to homosexual marriage or attempt, at which point, Petitioner elected her right to consult with counsel and waived her right to an administrative discharge board.  Petitioner’s commanding officer recommended her separation with an honorable discharge.  On 25 June 2003, the discharge authority approved and directed Petitioner’s discharge.  On 1 July 2003, Petitioner was discharged an honorable characterization of service by reason of homosexual conduct and issued an RE-3P reentry code.   
 
     d.  Petitioner contends that because of the repeal of the previous “don’t ask, don’t tell” (DODT) policy, she is entitled to a change to her Separation Code, Reentry Code and Narrative Reason for Separation.    
 
     e.  References (b) and (c) set forth the Department of the Navy's current policies, standards, and procedures for correction of military records following the 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 relief.  In this regard, the Board noted Petitioner’s overall record of military service and current Department of the Navy policy, as established in reference (b) and (c).  
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MARCORSEP 6214” separation authority.     
 
Further, 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. 
 
8/11/2021
Executive Director