DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 5394-14
18 May 2015
From: Chairman, Board for Correction of Naval Records
TOz Commandant of the Marine Corps
Subj: REVIEW MARINE CORPS RECORD OF Qe
USMC, Xxx-Xx-
1 20 7.3.08, Lee2
) 10 U.S.C. 654° (Repeal)
Ref:
om
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting, in effect, that his RE-4
reenlistment code be upgraded to an RE-1J reenlistment code. He
also impliedly requested that the separation authority
“MARCORSEPMAN 6214,” his narrative reason for separation
“Homosexuality stated he or she is a homosexual or bisexual,”
and Separation Program Designator (SPD) “HRB1” (homosexuality)
be changed.
2. The Board, consisting of
reviewed Petitioner's allegations of error and
injustice on 15 May 2015 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, naval
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.
TLG
Docket No: 5394-14
b. Although enclosure (1) was not filed ina 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 29 October 2004. Onl February 2005,
he submitted a written statement regarding his involvement in
homosexual conduct. As a result of the foregoing,
administrative discharge action was initiated and it was
directed that he receive an uncharacterized discharge by reason
of homosexual admission. After being afforded all of his
procedural rights, he was so discharged on 7 March 2005.
d. Reference (b) 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 authority to grant requests to change the
narrative reason for discharge to “secretarial authority,” SPD
code to “JFF1,” 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), the Board concludes that
Petitioner’s request warrants relief.
The Board concludes that based upon his record of service and
current Department of the Navy policy as established in
reference (b), that relief in the form of the Authority and
Reason be changed to “MARCORSEPMAN 6214”, JFF1, and his
reenlistment code be changed to “RE-1lu"”.
In view of the above, the Board directs the following corrective
action.
TLG
Docket No: 5394-14
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 7 March 2005, he was assigned an “RE-1J” reenlistment code,
the authority and reason be changed to “MARCORSEPMAN 6214,” the
narrative reason for separation be changed to “Secretarial
Authority,” and SPD code be changed to “JFF1." It is also
directed that he be issued a new Certificate of Release or
Discharge from Active Duty (DD Form 214).
b. That a copy of this report of proceedings be filed in
Petitioner’s naval record.
c. That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 26 March 2014.
4, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c) 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.
Dek
T. J. REED
Recorder
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.
ROBERT J. O'NEILL
Executive director
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