Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00084
Original file (ND99-00084.rtf) Auto-classification: Denied


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

ex-HT3, USN
Docket No. ND99-00084

Applicant’s Request
The application for discharge review, received 981016, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991004. 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 character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Homosexuality - stated she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. I was informed at the time of my dismissal that after 6 months I would be eligible to apply to change my discharge from General to Honorable. I am request to do so at this time.

 Documentation
Only the applicant's service record was considered, as applicant did not provide additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 831213               Date of Discharge: 850207

 Length of Service (years, months, days):

         Active: 01 01 25
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 78

 Highest Rate: HT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.5 (2)              Behavior: 2.5 (2)                 OTA: 3.2

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Homosexuality - stated she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.

 Chronological Listing of Significant Service Events :

[ADMIN DISCHARGE PACKAGE AND APPLICANT'S STATEMENT NOT CONTAINED IN SERVICE RECORD.]
841226:  Applicant notified of intended recommendation for by reason of homosexuality as evidenced by applicant's statements that she has committed homosexual acts while in the naval service.. Applicant advised, that if separation is approved, the characterization of service may be under other than honorable conditions. [Extracted from CO's msg of 27DEC84.]
841226:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. [Extracted from CO's msg of 27DEC84.]
841227:  Commanding officer recommended discharge with type warranted by service record by reason of homosexuality as evidenced by applicant's statement that she has committed homosexual acts while in the Naval Service. SNM has made these statements to ship's legal officer and to local NIS agents. These statements are deemed to be credible because of her close association with females that have already been administratively discharged for homosexuality. In addition SNM produced a letter from one of the know lesbians that can be interpreted as referring to a homosexual relationship. Commanding officer’s comments (verbatim): "It is strongly recommended that SNM be separated from the Naval Service by reason of homosexuality as evidenced by her statements that she has committed homosexual acts while in the naval service. Because of her close association with known lesbians her statements are accepted as fact. There is no evidence that would warrant an OTH. This command is convinced that SNM is in fact a homosexual. SNM's continued presence in the service, particularly in this shipboard environment, is not in the best interests of the Navy. It is recommended that the discharge be the type warranted by service record."

850112:  CNMPC directed the applicant's discharge with characterization as type warranted by service record homosexuality conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850207 under Honorable conditions (General), by reason of homosexuality –stated she is a homosexual or bisexual (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 found this issue to be without a merit. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life, subsequent to leaving military service. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance and was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge. Additionally, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge (what has the applicant done since discharge to become a contributing member of his/her community and to society in general). Those factors include but are not limited to the following: Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate). At this time the applicant has not provided any documentation of good character and conduct but is encouraged to continue his pursuits. The applicant is reminded that he is eligible for a personal appearance hearing, provided the application is received within 15 years from the date of discharge. Legal representation at personal appearance hearings is highly recommended. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560A), Change 4/84, effective 25 Apr 84 until 15 Dec 85, Article 3630400, SEPARATION OF ENLISTED PERSONNEL BY REASON OF HOMOSEXUALITY.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01221

    Original file (ND99-01221.rtf) Auto-classification: Denied

    ND99-01221 Applicant’s Request The application for discharge review, received 990920, requested that the characterization of service on the discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 890915 with under honorable conditions (general) by reason of homosexual conduct – [stated he is a homosexual] (A). After a thorough review of the records, supporting documents, facts, and circumstances unique to...

  • NAVY | DRB | 2003_Navy | ND03-01445

    Original file (ND03-01445.rtf) Auto-classification: Denied

    ND03-01445 Applicant’s Request The application for discharge review was received on 20030909. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. However, they encouraged her and stated that if she had some time in the military and preferably in the military police, her acceptance into the Sheriffs Dept.

  • NAVY | DRB | 2004_Navy | ND04-00054

    Original file (ND04-00054.rtf) Auto-classification: Denied

    ND04-00054 Applicant’s Request The application for discharge review was received on 20031006. “Equity Issue: Based on our review of evidentiary record, we aver on behalf of this former member that the narrative reason for discharge, Homosexual Conduct Admission, is erroneous and warrants the Board’s relief with amendment to Secretarial Authority.” The Applicant stated she was a homosexual on 20000327.

  • NAVY | DRB | 1999_Navy | ND99-00178

    Original file (ND99-00178.rtf) Auto-classification: Denied

    ND99-00178 Applicant’s Request The application for discharge review, received 981117, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 861211: CNMPC directed the applicant's discharge with characterization as type...

  • NAVY | DRB | 2002_Navy | ND02-00873

    Original file (ND02-00873.rtf) Auto-classification: Denied

    Applicant advised, that if separation is approved, the characterization of his service may be under other than honorable conditions.900322: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to make a statement.900329: Applicant's statement to Commander, Naval Military Personnel Command.900430: Commanding Officer...

  • NAVY | DRB | 2004_Navy | ND04-00432

    Original file (ND04-00432.rtf) Auto-classification: Denied

    The Applicant requests the reason for the discharge be changed to “anything other than homosexual admission conduct ex. 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 may view DoD Directive 1332.28 and other Decisional...

  • NAVY | DRB | 1999_Navy | ND99-00107

    Original file (ND99-00107.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events : 970619: Applicant’s Voluntary Statement made to whom it may concern, concerning his homosexuality.970619: Applicant notified of intended recommendation for by reason of homosexuality as evidenced by applicant's statement that he admitted to being a homosexual. 970718: BUPERS directed the applicant's discharge with characterization as type warranted by service record by reason of homosexual conduct. PART III – RATIONALE FOR DECISION AND...

  • NAVY | DRB | 2000_Navy | ND00-00384

    Original file (ND00-00384.rtf) Auto-classification: Denied

    890712: CNMPC directed the applicant's discharge with characterization as type warranted by service record by reason of homosexual conduct. In response to applicant’s issue 1, the Board found that the applicant made a voluntary statement concerning his homosexuality to a member of the Navy’s Judge Advocate General Corps on 14 May 1989. In issues 2 and 3, the applicant stated that he would possibly like to re-enlist and have his “Re-enlistment Code upgraded to RE-R1”.

  • NAVY | DRB | 2004_Navy | ND04-00315

    Original file (ND04-00315.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20030225 with a general (under honorable conditions) by reason of homosexuality - homosexual admission (A). As of this time, the Applicant has not provided sufficient documentation for the Board to consider.

  • NAVY | DRB | 1999_Navy | ND99-00613

    Original file (ND99-00613.rtf) Auto-classification: Denied

    The separation authority determined that homosexuality most clearly described the reason for discharge. To change the Narrative Reason Separation would be inappropriate.In response to applicant’s issue 3, the Board has no obligation to change the applicant's discharge in order to allow him to obtain better employment You should read Enclosure (5) of the Directive before submitting such a complaint.