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NAVY | DRB | 2002_Navy | ND02-00873
Original file (ND02-00873.rtf) Auto-classification: Denied


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


ex-RMSN, USN
Docket No. ND02-00873

Applicant’s Request
The application for discharge review, received 020607, 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 030228. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern an inequity in the characterization of the Applicant’s service. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: HONORABLE/Homosexuality – stated he or she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

1. I hope that you plea to take consideration on this request and allow my discharge papers to show honorable discharge instead of general under honorable conditions i always have to explain why i have a general discharge this has also brought up questions that are personal and now the military standards would allow me to feel more wanted regardless of my sexual preference and if things were different at that time i would not have been able to get a general discharge i would have gone to more counseling instead of receiving the discharge i received I would have received a honorable discharge and felt less pressured to terminate my contract with the military early. I have found god and realize the errors of my life style and have made a normal life for my self. Please allow me to save some dignity and show an honorable discharge on my record. Thank you and god bless.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     870126 - 870803  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 870804               Date of Discharge: 900518

 Length of Service (years, months, days):
         Active: 02 09 15
          Inactive: None
Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 30

 Highest Rate: RMSN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.47 (3)    Behavior: 3.73 (3)                OTA: 3.53
Military Decorations: None

 Unit/Campaign/Service Awards: CGSOSA, N&MCOSR with Bronze Star

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER HONORABLE CONDITIONS (GENERAL)/Homosexuality – stated he or she is a homosexual or bisexual, authority: MILPERSMAN, Article 3630400.
Chronological Listing of Significant Service Events :

900130:  Applicant’s Voluntary Statement made to Clinical Psychologist concerning his homosexuality.

 900130:  U.S. Naval Investigative Service Report.
900319:  Applicant notified of intended recommendation for by reason of homosexuality as evidenced by his admission of being homosexual. Applicant advised, that if separation is approved, the characterization of his service may be under other than honorable conditions.
900322:  Applicant advised of his rights and having consulted 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 and to make a statement.
900329:  Applicant's statement to Commander, Naval Military Personnel Command.
900430:  Commanding Officer recommended discharge under honorable conditions (general) by reason of homosexuality as evidenced by his statement that he admitted to being a homosexual.

 900510:  CNMPC 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 900518 under honorable conditions (general) by reason of homosexual conduct – stated he or she 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 but not equitable (C and D).
Issue 1. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of Applicant’s records indicated an honorable discharge was warranted. Applicant’s performance and behavior marks were above the standard required for an honorable discharge and there was not sufficient adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560A), 15 June 1987 until
14 Aug 91, 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 “ 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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