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NAVY | DRB | 2002_Navy | ND02-00009
Original file (ND02-00009.rtf) Auto-classification: Denied


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


ex-HM3, USN
Docket No. ND02-00009

Applicant’s Request
The application for discharge review, received 010926, 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 020517. 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 narrative reason of the discharge shall not change. The discharge shall remain: HONORABLE/ Homosexuality – stated he or she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. Dear Review Board Members: The Navy transformed an aimless boy from the rough streets of Chicago into a highly motivated successful man. I joined the Navy because military service is a tradition among the men in my family. I was always a high achiever while in the Navy, and was at all times in tune to the awesome mission imparted Sailors of the World's finest Navy. However, my career in the Navy came to a standstill when the stressors of life touched me. At a stressful point in my life, I began to question my character and person. I thought that I was homosexual because of something that someone had perpetrated upon me earlier in life. I was not able to get close to women, but at the same time had NO ATTRACTION to men. I did not engage in the normal "sailor chat" about who got laid and how many times. That just was not me. So, I began to be labeled as a "fag" because I was not a part of that It stallion" crowd. As rumors about me surfaced, threats followed about things that would happen to me. I was not and am not a homosexual, but at the time due to fear of physical harm, continued verbal harassment, and re-surfaced stress from an earlier victimization found me uneasy and very afraid of continued service in the United States Navy. My love for America, and especially the Navy is probably unparalleled, however, the constant threats and fear overwhelmed me at that time. I feared that reporting any of this to superiors would raise further questions and provoke reprisals. I chose to make the statement that I was homosexual under great duress in effort to secure my personal safety and to gain mental health assistance in dealing with an early victimization. I did NOT and do NOT have a propensity to engage in, or intend to engage in homosexual or bisexual acts. I am NOT homosexual or bisexual. My presence in the armed forces of would NOT create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability. My presence would add to the greatness of the Armed Forces. I am an undying patriot of these United States, and have never been a social zealot. I made a statement out of ignorance, fear, and again heavy duress, as a young sailor. I chose my mental-well being and personal safety over continued ignorant threats for something that was not true. However, today, my sense of patriotism is overwhelming. I am a die hard military man, and always have been albeit the trouble of my discharge. Now, I have a strong desire to join either the Air National Guard or National Guard of the State of Illinois. This can only happen if the "separation code", "re-entry code", and "narrative reason for separation are changed on my DD-214. I pray, and am very hopeful that this Review Board would grant me this request. I have skills and a sense of dedication that would be helpful to the Air National Guard or National Guard. Since my release from the United States Navy, my road has been paved by success after success. Some of my accomplishments include: exemplary performance while a state government employee at the California State Prison-San Quentin; earning my bachelor's degree from the University of California @ Berkeley in 1996; currently enrolled as a combined degree student at the University of Illinois at Chicago, where in May 2003, 1 will receive both the Doctor of Medicine (M.D.) and the Master's of Public Health (MPH) degrees. These accomplishments were built upon a strong foundation of motivation within me instilled by Navy discipline and excellence. I am a veteran that the Navy can be proud of. I want to return to the military environment, it's where I belong. I beg the Review Board for mercy in changing my discharge status so that I will be able to join the Illinois National Guard or Air National Guard. If the Review Board feels that my appearance before it would help to make a better-informed decision, I would humbly and swiftly make plans to appear. I thank the Board for its due consideration of my request.
Respectfully submitted,
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of letter of appreciation
 Copy of Bachelor of Arts with a major in psychology degree dated December 19, 1995
 Letter from University of Illinois at Chicago dated May 3, 2001
Copy of DD Form 214
 Six pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     860422 - ??????  ???
                   USNR (DEP)      880630 - 870719  COG

 Period of Service Under Review :
Date of Enlistment: 880720               Date of Discharge: 930204

 Length of Service (years, months, days):
         Active: 04 06 15
          Inactive: None
Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 57
Highest Rate: HM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.83 (6)    Behavior: 3.63 (6)                OTA: 3.80
Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NDSM
Days of Unauthorized Absence: None

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

HONORABLE/Homosexuality – stated he or she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.
Chronological Listing of Significant Service Events :
920720:  Applicant extended enlistment for 24 months.
921228:  Applicant’s Voluntary Statement made concerning his homosexuality.
921230:  Applicant notified of intended recommendation for by reason of homosexuality as evidenced by stating he or she is a homosexual or bisexual. Applicant advised, that if separation is approved, the characterization of service may be under other than honorable conditions.
921230:  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.
921231:  Commanding officer recommended discharge with type warranted by service record by reason of homosexuality as evidenced by stating he or she is a homosexual or bisexual.

 930121:  BUPERS directed the applicant's discharge with characterization as type warranted by service record by reason of homosexual conduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930204 with an honorable by reason of homosexuality – stating he is a homosexual or bisexual (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 applicant’s professed patriotism and love for the Navy do not provide grounds for changing his narrative reason for separation. The applicant’s high achievement while on active duty earned him an honorable discharge, but this does not constitute a basis for changing the narrative reason for separation. On 921228, the applicant submitted a voluntary statement concerning his homosexuality and “strong propensity” to engage in homosexual acts. While he may feel that stress and harassment were factors that contributed to his actions, 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.
Concerning a change in reenlistment code, 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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
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 injustice must have existed during the period of enlistment in question. No such error or injustice occurred 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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He 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. Relief denied.



Pertinent Regulation/Law (at time of discharge)
A. The Naval Military Personnel Manual, (NAVPERS 15560A, 15 Aug 91 until 04 Mar 93, Article 3630400, SEPARATION OF ENLISTED PERSONNEL BY REASON OF 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 “ 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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