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NAVY | DRB | 1999_Navy | ND99-00673
Original file (ND99-00673.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00673

Applicant’s Request
The application for discharge review, received 990416, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. 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 000207. 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/Misconduct – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My discharge should be changed because under Clinton's new law "Don't ask don't tell policy." I wasn't the only one who missed the boat. But I was the only one with a top government security clearance. I was discharged because I was asked if I was gay. I lost my schooling because of missing ships movement. I was told I would receive an honorable discharge by by attorney (counsel) I didn't want to spend the next 3 yrs moping a deck. I did try though before I made the decision. After working with illiterate, nasty, low-class, pig, men and constantly being harrassed. I would have signed anything to get off the so quote "Love Boat". Thank god you did away with women on ships. That's like putting raw meat in a cage with hungry tigers. Thanks but no thanks for the torture and it time to stop especially w/my discharge.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891220 - 900408  COG

 Period of Service Under Review :
Date of Enlistment: 900409               Date of Discharge: 901115

 Length of Service (years, months, days):

         Active: 00 07 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 58

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA : NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 10

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

901025:  Applicant's voluntary statement: During my U.A period of time, had engaged in a previous homosexual act with C_ P_. No where near any naval facility we had gotten a motel in San Diego and committed these acts. The reason for going UA was because of this act. I have never encountered homosexual acts in my previous life as a civilian. P_ was the first and I really don't intend on changing back to a heterosexual after this act. I believe that I am gay obviously since I've never had those feelings for guys, but the one time with her I kinda found my true identity. If I knew that I was like this with all due respect I wouldn't have joined the Navy. Obviously this will cause problems that's why Im making this statement and I agree that I don't belong in the Navy, but to save embarrassment I went U.A instead of facing any facts about myself. Plus as I heard it's an embarrassment for the Navy so with all due respect I left for 8 days and I did realize I had to face this problem. The only time I did this act was at the motel. I haven't engaged any other time with any one else and obviously not on a naval facility any where.
901031:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1201, 21Sep90 to 1638, 1Oct90 (10 days/surrendered), violation of UCMJ, Article 87: Missing movement on 9Sep90.
         Award: Forfeiture of $350 per month for 2 months, restriction for 60 days. No indication of appeal in the record.
901102:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a Serious Offense as evidenced by Missing Movement on 21Sep90 and by reason of homosexuality.
901102:          Applicant advised of her 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.
901103:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a Serious offense and by reason of homosexuality. Commanding officer's comments (verbatim): SR (applicant's) homosexual relationship cannot be condoned and there is no place for her at this command. Her failure to report for his scheduled port call on 21Sep90 caused additional funds to be expended on her transportation and additional delay in her reporting to this deployed command. I most strongly recommend approval of this separation with a characterization of service of other than honorable.

901106:  CNMPC directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a Serious Offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 901115 under Other Than Honorable conditions for misconduct due to Commission of a Serious Offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant states because of President Clinton’s “Don’t ask don’t tell policy,” her discharge should be changed, and that her attorney (counsel) told her she would receive an Honorable discharge. The applicant was discharged for misconduct due to Commission of a Serious Offense. The serious offense was Missing movement, which is a court martial offense. Homosexuality, although not listed as a serious offense, requires mandatory processing for separation and the applicant made a voluntary statement admitting to being a homosexual. The applicant’s discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87, Missing movement, if adjudged at a Special or General Court-Martial.
C. 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.

D. 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.

E. 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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