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USMC | DRB | 2000_Marine | MD00-00293
Original file (MD00-00293.rtf) Auto-classification: Denied


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

ex-LCpl, USMC
Docket No. MD00-00293

Applicant’s Request
The application for discharge review, received 991222, requested that the characterization of service on the discharge be changed to honorable. 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 000817. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE /Discharge involuntarily - Homosexuality - Admission (administrative discharge board required but waived), authority: MARCORSEPMAN 6207.3b(2).

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “MARCORSEPMAN 6207.3b(2)” vice “MARCORSEPMAN par 207.3b”. The original DD Form 214 should be corrected or reissued as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My main reason for submitting this application is to upgrade my discharge in order to use my MGIB. I'm hoping to enroll in school for the Spring of 2000 for four to five years. At the University of Kansas of Lawrence, Kansas.

 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: USMCR(J)                910212 - 920120  COG

 Period of Service Under Review :
Date of Enlistment: 920121               Date of Discharge: 930730

 Length of Service (years, months, days):

         Active: 01 06 10
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rank: LCpl

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.4 (5)                       Conduct: 4.4 (5)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Discharge involuntarily - Homosexuality - Admission (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6207.3b(2).

 Chronological Listing of Significant Service Events :

930511:  Applicant requested administrative separation due to admitted homosexuality.

930511:  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.

930511:  Commanding officer recommended type warranted by service record discharge by reason of homosexuality due to admission.

930623:  GCMCA [Commanding General, 1 st Marine Expeditionary Brigade, FMF] directed the applicant's discharge under honorable conditions (general) by reason of homosexuality - admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930730 under honorable conditions (general) for homosexuality - admission (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 but inequitable (C and D).

The Board found that the applicant served in the Marine Corps for 1 year and 6 months and received above average proficiency and conduct marks of 4.4 and 4.4. The applicant had no NJPs, misconduct or counselings during his enlistment. The Board therefore voted unanimously to upgrade his discharge.

In the applicant’s issue 1 concerning the GI Bill, the applicant was briefed on the Veterans’ Educational Assistance Act of 1984 (G.I. BILL). Specifically, he was briefed that an Honorable discharge after completion of 36 months on active duty would be required for entitlement to benefits under the G.I. BILL.

 Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective
27 Jun 1989 until 17 August 1995, Paragraph 6207, 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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