Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00181
Original file (ND99-00181.rtf) Auto-classification: Denied


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

ex-PHAA, USN
Docket No. ND99-00181

Applicant’s Request
The application for discharge review, received 981118, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to remove derogatory statements. The applicant requested a documentary record discharge review. The applicant did not list any 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 OTHER THAN HONORABLE CONDITIONS/Homosexuality - engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts, authority: MILPERSMAN, Article 3630400.

The NDRB did note an administrative error on the original DD Form 214. Block 24, Character of Service should read: “UNDER OTHER THAN HONORABLE CONDITIONS” vice “OTHER THAN HONORABLE”. The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. My undesirable discharge was inequitable because it was based on inaccurate information. Prior to my discharge, I was being treated for a hip injury and was being reviewed for fitness to remain on active duty. I had joined the Navy to serve my country and to help pay for my college education. The thought of losing this opportunity and not being able to complete my service obligation caused me to be severely depressed, resulting in a drinking problem. I also considered suicide.

At this difficult time, I found myself alone. R_ C_ befriended me. He seemed to take an interest in me and my well being. I spoke with him on the telephone on several occasions while I was depressed and intoxicated. Over the course of several weeks, he mentioned an interest in sexual experimentation and made it clear that if I didn't cooperate, I would find myself alone again.

R_ C_ then invited me to lunch. At that lunch, he prompted me to restate what it was I needed to do in order to remain his friend, in a manner that would make it sound like it was my idea. I did not cooperate with his attempt.

I wag then discharged for soliciting another to engage in a homosexual act. No act was committed. There was never an incident in 22 months of unblemished service. The entire incident was the result of R_ C_'s effort to take advantage of me sexually at a vulnerable time in my life.

As a result of my depression and fear, I accepted the undesirable discharge at the time. To this day I still wish that I could complete my service contract. I have been saddled with this lie on my DD214 and have lived with it since. I respectfully request that my discharge be upgraded to an honorable one and the details of this incident be removed.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (3 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890922 - 900405  COG

 Period of Service Under Review :
Date of Enlistment: 900406               Date of Discharge: 911217

 Length of Service (years, months, days):

         Active: 01 08 12
         Inactive: 00 00 00

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 50

 Highest Rate: PHAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (4)    Behavior: 3.87 (3)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Homosexuality - engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts, authority: MILPERSMAN, Article 3630400.

 Chronological Listing of Significant Service Events :

900411:  Retention Warning: You are being retained in the Naval Service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your pre-service drug use: Marijuana x 3, 1995, advised of consequences of further deficiencies, and issued discharge warning.
911112:  Applicant notified of intended recommendation for by reason of convenience of the government by reason of defective enlistment and induction due to fraudulent entry into the naval service as evidenced by a NIS report dated 91Oct02 and homosexuality as evidenced by having to engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts. Applicant advised, that if separation is approved, the characterization of his service may be under other than honorable conditions.
911119:  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.

911126:  Commanding officer recommended discharge under other than honorable conditions by reason of defective enlistment and induction due to fraudulent entry into the naval service as evidenced by a NIS report dated 91Oct02 and by reason of homosexuality as evidenced by having to engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts. Commanding officer's comments: PHAA (applicant) is strongly recommended for an other than honorable discharge. During interrogation by NIS and on tape recorded conversations wherein he solicited homosexual acts. PHAA (applicant) admitted to homosexual acts prior to and during his enlistment. His on and off base telephonic and in person solicitation of homosexual conduct can not be condoned and will not be tolerated. It is obvious from his disregard for authority and his homosexual misconduct that he cannot comply with Naval regulations. Retention of PHAA (applicant) would not be in the best interest of the Navy or this command.

911205:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of homosexual conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911217 with an under other than honorable conditions by reason of homosexuality – having to engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts (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 stated that prior to being discharged he was being reviewed for fitness to remain on active duty due to a hip injury and was depressed about possibly losing his educational benefits. He also stated he started drinking and was befriended by someone who subsequently suggested the applicant engage in homosexual activity. The Board found the applicant was, as the Commanding Officer stated, aggressive and threatening in his solicitation of homosexual acts as evidenced by the NIS interrogation and tape-recorded conversations. Applicant also admitted to homosexual acts. In view of these facts the discharge characterization is deemed to have been proper and equitable. 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, 15 Aug 91 until 04 Mar 93, 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 | 2006_Navy | ND0600302

    Original file (ND0600302.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions) and the Narrative Reason for Separation be changed to “ honorable. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19800828 - 19800916 COG Active: USN 19800917 - 19870212 HON Period of Service Under Review :Date of Enlistment: 19870213 Date of Discharge: 19900215...

  • NAVY | DRB | 2006_Navy | ND0600104

    Original file (ND0600104.rtf) Auto-classification: Denied

    The Applicant requests the Narrative Reason for Separation be changed to “Honorable Conditions.” The Applicant requests a documentary record discharge review. I was only informed that I would receive a honorable discharge, and that is why I have an issue with my separation code, Re-entry code, and narrative reason of discharge.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member...

  • NAVY | DRB | 2004_Navy | ND04-00760

    Original file (ND04-00760.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 910617: BUPERS directed the Applicant's under other than honorable conditions discharge by reason of homosexual conduct. 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

  • 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.

  • NAVY | DRB | 2004_Navy | ND04-00142

    Original file (ND04-00142.rtf) Auto-classification: Denied

    “Please review my records to see if my discharge can be upgraded to honorable. In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s petition. 900209: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed...

  • NAVY | DRB | 2003_Navy | ND03-00163

    Original file (ND03-00163.rtf) Auto-classification: Denied

    Please review my service record. 930310: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed homosexual acts and that such acts warranted separation, and misconduct due to commission of a serious offense and recommended discharge under honorable conditions (general). 930324: Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to commission of a...

  • 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 | 2003_Navy | ND03-00686

    Original file (ND03-00686.rtf) Auto-classification: Denied

    ND03-00686 Applicant’s Request The application for discharge review was received on 20030313. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a documentary record discharge review.

  • NAVY | DRB | 2000_Navy | ND00-00895

    Original file (ND00-00895.rtf) Auto-classification: Denied

    970710: BUPERS directed the applicant's discharge with characterization as type warranted by service record by reason of homosexual conduct. b. Homosexual conduct is grounds for separation from the naval service. However, upon receipt of credible information of homosexual conduct (as defined in subparagraph 2d), commanders or appointed inquiry officials may ask members if they engaged in such conduct.

  • NAVY | DRB | 2004_Navy | ND04-00391

    Original file (ND04-00391.rtf) Auto-classification: Denied

    The Applicant’s submitted a statement indicating, “I feel the mast itself was done fairly and I was given ample opportunity to speak on my own behalf.” Further, the Applicant waived his right to request an Administrative Board to contest his separation. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. You may view DoD Directive 1332.28 and other Decisional Documents by going online...