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NAVY | DRB | 1999_Navy | ND99-00746
Original file (ND99-00746.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND99-00746

Applicant’s Request
The application for discharge review, received 990505, requested that the reason for the discharge be changed to Convenience of the Government. The applicant requested a documentary record discharge review. The applicant listed the New York State Division of Veterans’ Affairs as his 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, 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 for the discharge shall not change. The discharge shall remain: HONORABLE /HOMOSEXUAL ADMISSION, authority: MILPERSMAN, Article 3630400.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. My DD Form 214 erroneously states, in item 28, as the narrative reason for my discharge: “Homosexual Conduct Admission.” This is absolutely false! The fact is that there was absolutely no homosexual conduct. I never admitted to homosexual conduct precisely because there never was any. There is absolutely no reference to homosexual conduct in my records. The objectionable entry in item 28 of my DD 214 is totally false and prejudically damaging, and should be strickened from my discharge.

2. When your review of my records supports my request to delete the objectionable entry in item 28, of my DD Form 214, I respectfully request that the entries in item 25, 26, and 27 also be adjusted, as necessary and appropriate, to ensure the accuracy, consistency, and fairness of my DD Form 214.

 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: USN               000000 - 000000  HON
         Inactive: USNR (DEP)     000000 - 000000  COG

 Period of Service Under Review :
Date of Enlistment: 940919               Date of Discharge: 951130

 Length of Service (years, months, days):

         Active: 01 02 12
         Inactive: 00 00 00

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 54

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 4.00 (1)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

HONORABLE /HOMOSEXUAL ADMISSION, authority: MILPERSMAN, Article 3630400.

 Chronological Listing of Significant Service Events :

951018:  Applicant notified of intended recommendation for administrative discharge by reason of homosexuality as evidenced by applicant's statement that he admitted to being a homosexual. Applicant advised, that if separation is approved, the characterization of his service may be under General conditions.
951018:  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.
951019:  Commanding officer recommended discharge under honorable conditions by reason of homosexuality as evidenced by applicant's statement that he had admitted to being a homosexual. Commanding officer’s comments (verbatim): “SN____(applicant) credibly admits to being a homosexual. I request that he be separated from the Navy under Honorable conditions”.

951116:  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 PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 951130 with an honorable by reason of homosexuality – homosexual admission (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to issues 1 and 2, the applicant states that he “never admitted to homosexual conduct”. The Board found the applicant signed a Statement of Awareness and Request For, or Waiver of, Privileges informing the applicant that he was being considered for an administrative discharge from the Naval Service on the basis of homosexuality by statement. The applicant did not object to this separation. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 02 Oct 96, Article 3630400, SEPARATION OF ENLISTED PERSONNEL BY REASON OF HOMOSEXUAL CONDUCT.

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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