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NAVY | DRB | 1999_Navy | ND99-00613
Original file (ND99-00613.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND99-00613

Applicant’s Request
The application for discharge review, received 990513, requested that the reason for the discharge be changed to incompatible. 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 000110. 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 of the discharge shall not change. The discharge shall remain: HONORABLE/Homosexuality - engaged in, attempted to engage in, or solicited another to engage in a homosexual act or acts, authority: MILPERSMAN, Article 3630400.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.       DD214, section 28 (Narrative reason for separation) I am respectfully requesting that the narrative be left blank.
2.       I am married and have two handsome and very smart boys who are smart and able to read. It causes me great stress and discomfort to even think of them finding my DD214 and reading it as I am sure any father who is NOT Gay would.
3.       I have in the past and even now find it difficult for many reasons to find good employment because of this narrative in my DD214.
4.       During the time I was in the Navy (before the time of Don’t ask, Don’t tell). The Navy was quite different and I found myself accused of being gay because I was going through a divorce and it seemed that a certain barber that I used at that time made a pass at one the shipmates in Medical where I worked as a HN. I didn’t know the barber was gay. I just thought he cut hair really well and my co-worker was in the need to impress some young lady and I was just trying to help him out – (As any good shipmate would). It was a case of ignorance of youth for me not to notice the aforementioned barbers sexual preference, I was and still am a son of a small town Baptist Preacher (Not to under state that dad wouldn’t understand this either) and I had never been any where near a homosexual before in my life so how was I to know?
 It was also this same ignorance of youth that stopped me from fighting the allegations and I am quite positive that if it hadn’t been for me being upset, depressed and preoccupied with my separation from my wife and up coming divorce, I probably would have fought it. I can’t change what happened way back then, my stupidity and my own responsibility of this situation but, I can try to correct it now with your help.
Please place yourselves in my shoes? Would you want this hanging over your head?
Closing.
I thank you for your time in this matter.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Marriage License

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               000000 - 000000  HON
         Inactive: USNR (DEP)     000000 - 000000  COG

 Period of Service Under Review :
Date of Enlistment: 820729               Date of Discharge: 850614

 Length of Service (years, months, days):

         Active: 02 10 16
         Inactive: 00 00 00

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 50

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.32 (5)    Behavior: 3.28 (5)                OTA: 3.24

 Military Decorations: None

 Unit/Campaign/Service Awards: Navy “E” Ribbon

 Days of Unauthorized Absence:

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

HONORABLE /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 :
850527:  Applicant’s Voluntary Statement made to Medical Administrative Officer concerning his homosexuality.

850530:  Applicant notified of intended recommendation for administrative discharge for homosexuality as evidenced by his voluntary statement concerning his homosexuality. Applicant advised, that if separation is approved, the characterization of service may be under other than honorable conditions.
850530:  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.

850531:  Commanding officer recommended discharge under honorable conditions by reason of homosexuality as evidenced by HN_____ (applicant) voluntary statement made to the Medical Administrative Officer concerning his homosexuality. Commanding officer’s comments (verbatim): On 27 May 85 SNM made a verbal statement to his department head, the ship’s senior medical officer, that he is bisexual. He further indicated that he has been living off base with a homosexual roommate. He claims to have had several sexual encounters with his roommate as well as with several of this individual’s “friends”. On 30 May 85, SNM submitted a sworn written statement to the ship’s CMAA, admitting to having homosexual relationships with members of the same sex and requested that he be discharged from the naval service since it would be in the best interest of both he and the Navy. He expressed no desire to change his lifestyle. Based on the MBR’s indepth conversation with the ship’s CMAA, it is felt that he is indeed a homosexual. Since the aggravating factors set forth in reference A are not present I recommend his separation be under honorable conditions for homosexuality.

850612:  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 850614 with an honorable discharge by reason of homosexuality – stated he 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 response to applicant’s issues 1 and 2, t he separation process was in strict compliance with the Naval Military Personnel Manual. The separation authority determined that homosexuality most clearly described the reason for discharge. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. 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 .

In response to applicant’s issue 4, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion associated with his discharge at the time of its issuance, and that his rights were prejudiced thereby. Furthermore, there has been no change in policy by the Navy, or higher authority, made expressly retroactive to the type of discharge received by the applicant. The applicant’s record contains a sworn written statement signed by the applicant to his ship’s CMAA, admitting to homosexual relationships. 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     


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