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USMC | DRB | 2001_Marine | MD01-01199
Original file (MD01-01199.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD01-01199

Applicant’s Request
The application for discharge review, received 010920, requested that the reason for the discharge be changed to (left blank). 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 020417. 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 and narrative reason of the discharge shall not change. The discharge shall remain: UNCHARACTERIZED/ HOMOSEXUAL ADMISSION, authority: MARCORSEPMAN Par. 6207.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. On Oct. 8 th 1999 during marine corp. basic training I made a false statement to SDI SSGT S_. I stated that I was a bisexual. The reason I made this statement was because I had just resaved a letter from my wife informing me that she had just lost out unborn child and her father tried to rape her. I knew I had to protect my wife and if I didn't get home her father would try to do it again. I was only 18 years old and was not mentally ready to handle my newly found family crisis and marine corp. basic training. I am not a bisexual or homosexual. I am a heterosexual married man and I have never engaged in homosexual acts and never will. My statements made during basic training were totally and entirely false. I wish to correct my discharge to hopefully be able to serve my country in the military.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Sixty-six pages from applicant's service record
Copy of questionnaire for National Security Positions (11 pages)
Police record check from City of Homestead, FL dated October 8, 2001
Copy of driver's license
Copy of birth certificate
Copy of social security card
Copy of high school diploma
Copy of certificate for completion of course dated May 1, 2000
Copy of certificate of training dated July 11, 2001
Copy of American Heart Association card
Copy of Open Water Diver card
Copy of Heart Saver card
Copy of license
List of activity log form for community service (9 pages)
Character/job reference dated February 15, 2001
Character reference dated October 15, 2001
Character/job reference

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                981023 - 990926  COG

 Period of Service Under Review :
Date of Enlistment: 990927               Date of Discharge: 991223

 Length of Service (years, months, days):

         Active: 00 02 27
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 38

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMA                           Conduct: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNCHARACTERIZED/HOMOSEXUAL ADMISSION, authority: MARCORSEPMAN Par. 6207.

 Chronological Listing of Significant Service Events :

991013:  Applicant's Voluntary Statement concerning his homosexuality.

991016:  Applicant notified of intended recommendation for discharge uncharacterized by reason of homosexual conduct as evidenced by his statement that he engaged in homosexual acts.
991022:  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.

991129:  Commanding officer recommended discharge uncharacterized by reason of homosexual conduct due to voluntary statement. The factual basis for this recommendation was demonstrated homosexual conduct as evidenced by the respondent's sworn statement indicating a propensity to engage in homosexual acts prior to completing the present enlistment.

991216:  SJA review determined the case sufficient in law and fact.

991216:  GCMCA [Commanding General, Marine Corps Recruit Depot/Eastern] directed the applicant's discharge uncharacterized by reason of homosexual conduct - admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991223 uncharacterized for homosexual conduct - 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).

Issue 1. The Board found that while the applicant may feel that his family problems and youth were factors that contributed to his actions, the record clearly reflects his voluntary admission of homosexual acts and intent to do so again if the opportunity presented itself while on active duty. This action demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. No other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Marine Corps Separation and Retirement Manual (MCO P1900.16E), effective 18 Aug 1995 until Present, Paragraph 6207, 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls10.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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