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USMC | DRB | 2002_Marine | MD02-01007
Original file (MD02-01007.rtf) Auto-classification: Denied


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

ex-Pvt, USMC
Docket No. MD02-01007

Applicant’s Request
The application for discharge review, received 020702, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030331. 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/ HOMOSEXUAL ADMISSION, authority: MARCORSEPMAN Par. 6207.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. IN MARCH OF 2001, I WENT TO MARINE CORP BOOTCAMP, AND TOLD A STUPID LIE TO GET OUT OF BOOTCAMP. (HOMOSEXUAL ADMISSION), A LIE THAT AT THE TIME SEEMED LIKE THE ONLY THING I COULD DO. AT THE TIME I WAS NOT THINKING STRAIGHT, AND NOW I REALIZE THE SEVERITY OF THE LIE THAT I TOLD, AND I AM TRYING TO FIX IT.

PLEASE SEE ATTACHED LETTERS.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
2 Copies of DD Form 214
 Letter from W_ C. B_, M.D., FACS, FICS dtd Jan 11, 2002, concerning Applicant's Mother
Letter from Applicant's Mother, S_ M_, dtd Jun 16, 2002
Applicant's letter dtd 20 Jun 2002 (3 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USMCR(J)                010308 - 010311  COG

 Period of Service Under Review :
Date of Enlistment: 010312               Date of Discharge: 010413

 Length of Service (years, months, days):

         Active: 00 01 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 9                         AFQT: 53

 Highest Rank: Pvt

 Final Enlisted Performance Evaluation Averages (number of marks):

 Proficiency: NMF*                          Conduct: NMF*

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in Service Record Book.

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

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

 Chronological Listing of Significant Service Events :

010321:  Applicant's Voluntary Statement made to SSgt B_ S. A_ concerning his homosexuality.

010321:  Interview between Pvt M_ (Applicant) and Capt T_ G. Z_, USMC, substantiated the following findings:
a. Self-admittance to homosexual conduct.
b. Homosexual conduct prior to entry in the Marine Corps.
c. Propensity or intent to engage in homosexual conduct in the future.
Recommendation: Process Applicant for separation for homosexual conduct.
010330:  Applicant notified of intended recommendation for discharge with an uncharacterized service by reason of homosexual conduct as evidenced by his statement of admission to being a homosexual and having engaged in homosexual acts prior to enlistment in the Marine Corps.
010330:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

010330:  Commanding Officer recommended discharge with uncharacterized service by reason of homosexual conduct due to member's sworn statement indicating a propensity to engage in homosexual acts prior to completing this present enlistment.

010406:  SJA determined the case sufficient in law and fact.

010406:  GCMCA [Commander, MCRD/Eastern Recruiting Region, Parris Island, SC] directed the Applicant's discharge by reason of homosexual conduct - admission and the characterization of service is uncharacterized.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010413 with uncharacterized service due to homosexual conduct - admission (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

Issue 1. The statements and documentation provided by the Applicant did not refute the Board’s presumption of regularity in this case. 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. The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Relief is therefore denied.

By regulation, members discharged within the first 180 days of enlistment are given characterization of service as “uncharacterized” unless there were unusual circumstances regarding performance or conduct which would merit an “honorable” characterization. The Applicant’s service record did not contain any unusual circumstances during his less than two months in the military to warrant a change of discharge. With respect to non-service related administrative matters, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) characterization.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.


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. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 86, unauthorized absence.
C. 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.

D. 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.

E. 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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