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USMC | DRB | 2000_Marine | MD00-00854
Original file (MD00-00854.rtf) Auto-classification: Denied


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

ex-PFC, USMC
Docket No. MD00-00854

Applicant’s Request
The application for discharge review, received 000628, 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 010201. 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: UNCHARACTERIZED/ Discharge involuntarily - Homosexuality (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6207.3b(1).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. After enlisting in the United States Marine Corps in 1994, I served my country well and excelled in all areas relating to my service. I was an excellent soldier, an expert rifleman and in top physical condition. I obeyed all orders delivered to me by my superiors. However, after confiding to the Chaplain as to my gender preference, I found myself facing an involuntary discharge. My secret now disclosed and my personal safety in jeopardy, my only choice was to co-operate in every way to expedite the discharge. From that point on, while continuing to perform my assigned duties in the most exemplary manner, I feared for my safety should be my friend and fellow soldiers discover my secret. Finally after five grueling months, I was discharged and allowed to return home. With no regard for my performance as a soldier nor my time in service, my discharge was simply stated as UNCHARACTERIZED. I asked you to please upgrade my discharge to HONORABLE in order to better reflect my performance and length of duty. While on active duty, I fully complied with the 'Don't ask, Don't tell policy of the US Armed Forces (with one unfortunate exception). If not for the lack of discretion on the part of my Chaplain, I would have completed my voluntary four-year term. During my time as a Marine, I never had any other problems, and in all ways but one was an exemplary Marine, Please reconsider the decision not to characterize my service performance and declare it as being Honorable. Thank you for your time and efforts in this matter. I greatly appreciate your help.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              None
         Inactive: USMCR(J)                940415 - 940417  COG

 Period of Service Under Review :
Date of Enlistment: 940418               Date of Discharge: 941209

 Length of Service (years, months, days):

         Active: 00 07 22
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 99

 Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: 4.20 (1)             Conduct: 4.2(1)

 Military Decorations: None

 Unit/Campaign/Service Awards: Rifle Expert Badge, NDSM

Days of Unauthorized Absence: None

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

UNCHARACTERIZED/Discharge involuntarily - Homosexuality-Admission (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6207.3b(1).
 Chronological Listing of Significant Service Events :

940812:  Psychological evaluation indicates applicant admitted to having homosexual desires.

940920:  Applicant's Voluntary Statement made to LT W______ concerning his homosexuality.

940928:  Commanding Officer, Student Administrative Company recommended discharge uncharacterized by reason of homosexuality due to admitting to having homosexual desires.
941011:  Applicant notified of intended recommendation for discharge uncharacterized by reason of homosexuality as evidenced by his statement contained in the preceding psychological evaluation. This inquiry evidences a propensity on your part to engage in homosexual acts.
941011:  Applicant advised of his rights and not having elected 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.

941011:  Commanding Officer, Headquarters and Service Battalion, School of Infantry, Marine Corp Base, Camp Pendleton recommended discharge uncharacterized by reason of homosexuality due to his propensity to engage in homosexual acts.

941103:  Commanding Officer, School of Infantry, Marine Corps Base, Camp Pendleton recommended discharge uncharacterized by reason of homosexuality. The factual basis for this recommendation was PFC J_____'s demonstrated propensity to engage in homosexual acts while on active duty in the Marine Corps.

941121:  SJA review determined the case sufficient in law and fact.

941122:  GCMCA [Commanding General, Marine Corps Base, Camp Pendleton] directed the applicant's discharge under other than honorable conditions by reason of homosexuality admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The applicant was discharged on 941209 uncharacterized 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 and equitable (C and D).

In response to the applicant’s issue, the Board found that the applicant was notified of his discharge on 941011, 173 days after he enlisted in the USMC. To qualify for an honorable discharge, one must have served a minimum of 180 days at the time of notification. The applicant does not meet that requirement, thus he was correctly discharge. Relief denied.


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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