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Docket No. ND00-00268

DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-CTTSN, USN
Docket No. ND00-00268

Applicant’s Request

The application for discharge review, received 991216, requested that the reason for the discharge be changed to Convenience of the Government. The applicant requested a personal appearance hearing discharge review.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000810.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the reason for the discharge shall not change.  The discharge shall remain: HONORABLE/ HOMOSEXUAL ADMISSION, authority: MILPERSMAN, Article 3630400.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My admission to homosexuality came at a time when this issue was a very controversial topic in the Clinton administration.  It was also a very emotional topic for me.  I felt at the time it was in my best interest not to be in the military.  I felt isolated in dealing with this issue, for the first time.  I voluntarily was dismissed from the military five years ago.  As with most mistake of my life.  I had not realized at the time the consequences that I would have later. I was a very motivated and well liked sailor.  In which, I feel now my past and present actions should supersede this issue of homosexuality.

2.  As I received my bachelor's degree recently, I fought to pursue a career with another civil service organization.  My reason for separation (homosexual admission) and re-Entry Code (RE-4) will be reviewed and possible rejected for these two reasons.  I don't feel this mistake that I made as a young adult should header me for the rest of my life.  I'm actually very embarrassed by my actions then and hope to see them rectified.  A career with a local fire department its what I hope to pursue in the near future.

I would like consideration to be made for my reason of separation to be some thing more discrete.  Such that my future will not be limited.

3. My work history since leaving the military has been exceptional.  I have minted employment with the same company for four years.  I had enjoyed my time in the military and probably would still be in if it weren’t for these troubling issues.  The military was not an easy place to be when you had the issue of homosexuality arise.  I hope the accomplishments of physical fitness and my volunteer hours at the USO will show that I was a very motivated and eager person.  And these qualities have continued.  I have continued my education since the military, and maintained work stability, as well as volunteering for the woman's shelter when I have time.  I hope all these issues will be used beneficially to justify my case.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of DD Form 214
Copy of Bachelor of Arts degree dated May 15, 1999
Copy of college transcript
Copy of letter of appreciation dated June 22, 1994
Copy of certificate of Outstanding Physical Fitness dated April 1994

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:    None
	Inactive:  USNR (DEP)	921229 - 930124	COG

Period of Service Under Review:

Date of Enlistment:  930125		Date of Discharge:  950213

Length of Service (years, months, days):

	Active:    02  00  19
	Inactive:  00  00  00

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  79

Highest Rate:  CTTSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.90 (2)	Behavior:  3.80 (2)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/HOMOSEXUAL ADMISSION, authority: MILPERSMAN, Article 3630400.

Chronological Listing of Significant Service Events:

950130:	BUPERS directed the applicant's discharge with characterization as type warranted by service record by reason of homosexual conduct.

950213:	DD Form 214: Applicant discharged Honorable by reason of homosexual admission, authority: MILPERSMAN, Article 3630400.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950213 with an Honorable by reason of homosexual admission (A).  The Board presumed regularity in the conduct of governmental affairs (B).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant states she admitted being a homosexual because it was in her best interest not to be in the military at the time.  She feels her past and present actions should supersede this issue.  The applicant admitted to being a homosexual and does not deny being a homosexual in her issues or on any document.  She received an Honorable discharge, based on her service record, and the reason for discharge was documented as homosexual admittance, an accurate assessment based on her voluntary confession.  The discharge was proper and equitable.  Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit.  The applicant states she doesn’t want the mistake she made as a young adult to hinder her for the rest of her life and wants the reason changed to something more discrete.  The applicant voluntarily admitted to being a homosexual.  The military accepted her homosexual admittance and discharged her, in accordance with the Navy regulations.  The discharge was proper and equitable, and the reason for discharge was accurate.  Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit.  The applicant listed her work history, continued education, and volunteer work, as justification to change the reason for her discharge.  The applicant was not punished by the military for her homosexual admittance, she was separated, in accordance with Navy regulations.  The applicant received an Honorable discharge, based on her record of performance and the reason stated for discharge was based on her voluntary admittance to being a homosexual.  The discharge was proper and equitable, as recorded.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective  22 Jul 94 until 02 Oct 96, Article 3630400, SEPARATION OF ENLISTED PERSONNEL BY REASON OF HOMOSEXUAL CONDUCT.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT

If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive before submitting such a complaint.  The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness.  You may view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.af.mil”.  

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A5900/A9421/A9241/A9217