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NAVY | DRB | 2001_Navy | ND01-00464
Original file (ND01-00464.rtf) Auto-classification: Denied


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

ex-STGSN, USN
Docket No. ND01-00464

Applicant’s Request
The application for discharge review, received 010302, requested that the reason for the discharge be changed to Secretarial Authority. The applicant requested a personal appearance hearing discharge review in the Washington National Capital Region. The applicant designated American Legion as the representative on the DD Form 293. In the acknowledgement letter to the applicant, she was informed that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011127. 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 three to two that the reason for discharge shall not change. The discharge shall remain: HONORABLE/ HOMOSEXUAL ADMISSION, authority: MILPERSMAN, Article 1910-148 (previously 3630400).
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. (Equity Issue) While proper at the time of her discharge, this former member opines that under current regulatory standards the sharing of confidential information regarding her sexual preferences would not be permitted. As a matter of equity, she requests that the Board apply these standards and amend her narrative reason for discharge to Secretarial Authority.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Applicant's Personal Statement to the Board (3 pages)
27 pages of Military Medical Record
Northern Indiana Family Physician Consultation dtd 10/28/99

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     980122 - 980310  COG

 Period of Service Under Review :
Date of Enlistment: 980311               Date of Discharge: 990129

 Length of Service (years, months, days):

         Active: 00 10 19
         Inactive: 00 00 00

 Age at Entry: 31                          Years Contracted: 4

Education Level: 12      plus some college courses.
AFQT: 85

 Highest Rate: STGSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF*            OTA: NMF*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in service record
 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
HONORABLE/HOMOSEXUAL ADMISSION, authority: MILPERSMAN, Article 1910-148 (previously 3630400).

 Chronological Listing of Significant Service Events :

981102:  Mental Health Unit, NTC, San Diego, CA: This 31 year old single Caucasian female with 8 months continuous active duty was referred for evaluation of depression …………. Privacy Act Statement and limits of confidentiality were discussed. An earlier evaluation was done at the Recruit Evaluation Unit, Naval Hospital Great Lakes in June 98. A diagnosis of Occupational Problem was made and she was returned to duty. Pt said she had been held back in basic training for 6 weeks because she had tendonitis in both knees, that the division was depressing, the recruits were told they were the "scum of the earth", and she had cried "uncontrollably" for 2 days prior to being seen.
         Diagnostic Impression:
         AXIS I: 1. Depressive Disorder, NOS, 311
                  2. R/O Adjustment Disorder with Depressed Mood, 309.0
                  3. R/O Dysthymic Disorder, Early Onset, 300.4
                  4. R/O Major Depressive Disorder, Recurrent, 296.32
                  5. Occupational Problem, 799.90
         AXIS II: 1. Deferred, 799.90
         AXIS III:1. menstrual irregularity/dysfunctional uterine bleeding
 2. Left foot and ankle pain - History of bilateral tendonitis
knees, feet
3. Right hip pain - History of shattered pelvis, right side, 1991
 AXIS IV: problems related to the social environment - difficulty with acculturation; Occupational problems - dissatisfaction with rate; Other psychosocial and environmental problems - alternative life style
AXIS V: GAF = 60 - few friends, depressed mood, insomnia.
Recommendation:
1. Return to duty = Psychologically fit, suitable, and responsible for actions pending further evaluation and psychological testing.
2. Suicide risk low and acceptable at present, especially if she doesn't drink. Has no intimate models, no plan, and is willing and able to seek assistance should situation worsen.
3. Psychological testing to be done in MHU tomorrow.
4. Recommend thorough medical evaluation for menstrual irregularity.
5. RTC Thursday 11/19/98 @ 1500 for further evaluation and follow-up. Modalities: Individual outpatient supportive counseling; Goals: Improvement of mood, coping skills, and functioning; Length of treatment: 1-3 sessions/month, 4-6 months, to be re-evaluated periodically.
6. RTC for problems.
7. Diagnostic Impression and recommendations were discussed with member who indicated understanding.
981125:  MHU, NTC, San Diego, CA: Seen for follow-up. Discussed current status and relationship pattern. She related that all her intimate relationships over the past 14 years have been with same sex individuals. The pattern of those relationships has been turbulent and stressful, and frequently has interfered with her professional functioning. She said she had been a relationship from Sep 98 to the present. They've had at least one break-up and are back together. She is comfortable with her sexual orientation and not motivated to alter her life-style. She continues to have financial problems, sleep disturbance, and poor appetite. Another stressor, prolonged menstruation, is at lease for now, resolved. She is not motivated for continued military service.
         Recommendation: Return to duty - Although she is psychologically fit, suitable, and responsible for actions. Given her self-report of a life-long pattern of engaging in homosexual acts and lack of motivation to alter that behavior, it would appear to be in the best interest of both the member and the Navy to separate her via MILPERSMAN 1910.148.

981214:  Applicant notified of intended recommendation for by reason of homosexuality as evidenced by applicant's statement that she admitted to being a homosexual. Applicant advised, that if separation is approved, the least favorable characterization of service possible is Under Other Than Honorable.
981214:  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.

981228:  Commanding officer recommended discharge with an honorable by reason of homosexuality as evidenced by her statement she is a homosexual, or words to that effect, which creates a rebuttable presumption that she engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. Commanding officer’s comments (verbatim): “STGAN (Applicant) went to Naval Training Center Mental Health Unit, San Diego, CA for various mental and health problems. While there, she made statements to the staff Psychologist that she is a homosexual and currently practices that lifestyle. Her statement makes it perfectly clear that she has a propensity to engage in and intends to engage in homosexual actions. I therefore strongly recommend that she be separated from the Navy with an Honorable characterization of service."

990107:  CNMPC directed the applicant's honorable discharge by reason of homosexual conduct admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990129 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, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

 The applicant’s issue 1 states: “(Equity Issue) While proper at the time of her discharge, this former member opines that under current regulatory standards the sharing of confidential information regarding her sexual preferences would not be permitted. As a matter of equity, she requests that the Board apply these standards and amend her narrative reason for discharge to Secretarial Authority.” The Board carefully reviewed the applicant’s service record and current directives. The Board found no inequity in the applicant’s disclosure of her homosexuality to her psychiatrist and subsequent discharge. The Board noted that no disciplinary action was taken by her parent command after her disclosure was revealed. The applicant was administratively separated with an Honorable discharge. The Board found no reason to change the reason for separation to Secretarial Authority. No other reason would describe the reason for separation than her Homosexual Admission. Relief is not warranted.

 The applicant remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 22, effective 15 Dec 98 until 19 May 99, Article 1910-148 (previously 3630400), Separation 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 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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