Author: CAP
Last saved by: joseph.curtis
Company: NCPB

Docket No. MD06-00582

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

FOR OFFICIAL USE ONLY

ex-PFC, USMC
Docket No. MD06-00582

Applicant’s Request

The application for discharge review was received on 20060320.  The Applicant requests the Narrative Reason for Separation be changed to “No Narrative Reason.”  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.  Subsequent to the Application, the Applicant designated private counsel as his representative.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070216.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the narrative reason for separation at the time of discharge was discovered by the NDRB.  However, after consideration of the Applicant’s entire record, including post-service conduct, the Board determined that relief was warranted.  The Board’s vote was 3 to 2 that the reason for discharge shall change to:  HONORABLE/SECRETARIAL AUTHORITY, authority: MARCORSEPMAN Par. 6214, Separation Code “JFF1.”

The NDRB did note administrative error(s) on the original DD Form 214.  Block 23, Type of Separation, should read:  “DISCHARGE.”  The Commandant, Headquarters USMC, Quantico, VA, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Per Applicant’s submission:

EQUITY:  Command climate.
EQUITY:  Quality of service.
EQUITY:  Post-service.

No issues were submitted by the Applicant’s representative.

Documentation

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

Additional Information Listing 
Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 214 (Member 4)
Document entitled “Statement of the Facts,” dated March 3, 2006 (2 pgs)
Personal Statement from M_ J_ R_ (spouse), dated March 3, 2006
Letter from M_ B. M_, President of Washington DC North Mission, dated January 26, 2004 (2)
Honorable Release Certificate, dated February 26, 2004 (2)
Marriage License, dated March 17, 2005 (2)
Wedding Photos (5)
National Police Officer Selection Test Results Form, dated November 23, 2005 (2)
Transcript of Academic Record from Salt Lake Community College, dated February 17, 2006 (2)
Resume (2)
DD Form 293 (2 pgs) (received by NDRB May 2, 20060
Supplemental Statement, dated April 25, 2006 (2 pgs)
Cover Letter, dated April 25, 2006 (2 pgs)  
Address Change ltr, dated April 25, 2006
Personal References Listing, undated
Reference Letter from M_ B. M_ MD, dated March 27, 2006
Personal Statement from M_ J_ R_, (spouse) dated March 3, 2006
Reference Letter from D_ K_, undated
Reference Letter from S_ K_, undated (2 pgs)
Reference Letter from B_ P. K_, dated April 7, 2006 (2 pgs)
Reference Letter from D_ A. K_, dated April 12, 2006 
Reference Letter from R_ G. K_, dated April 6, 2006 
Character Reference ltr from Cpl M_ B S_, undated
Character Reference ltr from S_ B_, undated
Document entitled “Community Service Information” 
Letter from the President of The Church of Jesus Christ of Latter-Day Saints, dated October 30, 2001
Missionary Service Photos
Charitable Contributions Receipts (2)
Document entitled “Post Service Accomplishment Information”         . 
Melchizedek Priesthood Ordination Certification, dated December 24, 2000
Self Defense Certificate of Rank, dated September 2, 2004
Document entitled “Academic Persuits Information”     
Document entitled “Student Detail Schedule,” dated, April 20, 2006 (2 pgs)
Document entitled “Employer Reference Information”
Employment Reference Letter from D_ V_
Employment Reference Letter from N_ P_, dated March 29, 2006
2005 Tax Return (IRS Form 1040) (2 pgs)
Document entitled “Behavioral History Information”
Criminal History Report, dated March 24, 2006
Photocopy of Driver’s License, Firearms Permit, Voter’s Registration Card and Social Security Card
Unarmed Private Security Officer License, expiry November 30, 2006
Photocopy of Passport
Document entitled “Supporting Documents Cover Letter”
Document entitled Statement of Facts, dated April 29, 2006 (3 pgs)
Letter of Support from P_ S. A_, dated March 29, 2006
Excerpts from Service Record (3 pgs)
Closing Remarks Statement dated April 25, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USMCR (DEP)	19960227 - 19960610	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19960611		Date of Discharge:  19970627

Length of Service (years, months, days):

Active:    01  00  16  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  4 

Education Level:  12				AFQT:  65

Highest Rank:  PFC				MOS:  0311

Final Enlisted Performance Evaluation Averages (number of marks):

Proficiency:  4.3 (3)			Conduct:  4.3 (3)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as stated on the DD Form 214):  Rifle Sharpshooter Badge

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

HONORABLE/HOMOSEXUAL ADMISSION, authority: MARCORSEPMAN Par. 6207.

Chronological Listing of Significant Service Events:

960226:	RS-Level MGD/DBD (marijuana use/traffic violations) waivers approved.

970316:	Executive Officer, Battalion Landing Team 1/1, notified Commanding Officer, Battalion Landing Team 1/1 of Applicant’s unsolicited verbal statement made to the Executive Officer on 970314 indicating the Applicant is a homosexual.

970316:	Commanding Officer, Battalion Landing Team 1/1, directed Second Lieutenant M_ L. F_ to conduct an inquiry into the circumstances surrounding the homosexual statement made by [Applicant].
 
970317:	Second Lieutenant M_ L. F_ Preliminary Inquiry ICO of PFC N_ J. K_ (Applicant):  The Applicant admitted that he was a homosexual and that, while he has not yet engaged in homosexual activities, he will probably do so in the future.

970320:	Applicant notified of intended recommendation for discharge as honorable by reason of homosexual conduct.  The factual basis for this recommendation was admission to homosexual conduct during the preliminary inquiry dated 970317.  Applicant informed the least favorable character of service possible was honorable.

970320:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

970320:	Commanding Officer, Battalion Landing Team 1/1, recommended Applicant’s honorable discharge by reason of homosexual admission.

970327:	Commanding Officer, 1^st Marines, recommended Applicant’s honorable discharge by reason of homosexual admission and the propensity to engage in homosexual conduct.

970611:	SJA review determined the case sufficient in law and fact.

970611:	GCMCA, 1^st Marine Division, directed the Applicant's honorable discharge by reason of homosexual admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970627 by reason of homosexual conduct - admission (A) with a service characterization of honorable.  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 (B and C).   However, after consideration of the Applicant's substantial post service accomplishments and good citizenship, the Board determined that relief was warranted.  The Board voted to change the narrative reason for separation to Secretarial Authority.  
 
The Board found that the Applicant’s post-service conduct was sufficiently creditable to warrant a change to his narrative reason for separation.  The Applicant’s volunteer activities, educational accomplishments, personal references and employment activities  demonstrated that he possessed character and drive that was not evident during his tour of active duty.  His post-service actions demonstrate that his homosexual admission was most likely an isolated event, done only to effect an early separation from the Marine Corps, and not reflective of his propensity to engage in homosexual acts.  Therefore, relief is granted.

The following is provided for the edification of the Applicant.  The Applicant has exhausted his opportunities for review by the NDRB.  The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of Naval service, if he desires further review of his case.

Pertinent Regulation/Law (at time of discharge)

A.  The Marine Corps Separation and Retirement Manual (MCO P1900.16E), effective 18 Aug 1995 until 31 Aug 2001, Paragraph 6207, HOMOSEXUAL CONDUCT.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.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:

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