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NAVY | DRB | 1999_Navy | ND99-00178
Original file (ND99-00178.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. 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. 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, he 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 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 he or she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant, dated July 8, 1998

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     851021 - 860331  COG

 Period of Service Under Review :
Date of Enlistment: 860401               Date of Discharge: 861212

 Length of Service (years, months, days):

         Active: 00 08 12
         Inactive: 00 00 00

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 30

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.60 (1)                OTA: 3.40

 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 he or she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.

 Chronological Listing of Significant Service Events :

861203:  Applicant notified of intended recommendation for by reason of homosexuality. Applicant advised, that if separation is approved, the characterization of service may be under other than honorable conditions.
861203:  Applicant advised of his 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.

861205:  Commanding officer recommended discharge under other than honorable conditions by reason of homosexuality as evidenced by applicant's own admission that he is a homosexual.

861211:  CNMPC directed the applicant's discharge with characterization as type warranted by service record by reason of homosexuality.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 861212 with an under honorable conditions (general) by reason of homosexuality – stated he or 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 he professes to have lied about being a homosexual in order to get out of the Navy. The Board found the characterization associated with his discharge to be proper and equitable. The fact the applicant now desires to recant his lie has no bearing on his discharge. The discharge was issued under the presumption the applicant was being truthful when he signed acknowledgment statements concerning his possible discharge concerning his homosexuality. It would be inappropriate for the Board to upgrade the discharge. Accordingly, relief is denied.


 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

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     

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