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NAVY | DRB | 2004 Marine | MD04-00306
Original file (MD04-00306.rtf) Auto-classification: Denied


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


ex-Rank, USMC
Docket No. MD04-00306

Applicant’s Request
The application for discharge review was received on 20031203. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for discharge be changed to “Red. In Frc or Cond, not Dis.” The Applicant requests a documentary record discharge review. The Applicant did not list a representative on his DD Form 293. In the acknowledgement letter, the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character and reason for discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Discharge involuntarily - Homosexuality - Admission (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6207.3b(2).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:

 1. “I am requesting a change in my Discharge Characterization and Narrative Reason because the current Characterization and Narrative Reason unfairly effect my ability to seek employment. Even though in today’s society homosexuality is considered acceptable, I am still subject to discrimination due to the reason and characterization of my discharge. In many job applications, especially for public safety positions, a copy of the DD-214 is required. The fact that the hiring councel would hire a homosexual without military experience over a homosexual with military experience is unfair. The fact that the hiring councel would hire an Honorably Discharged open homosexual, yet not hire a homosexual who was exposed and discharged by the military is unfair. In any case, my admittance as a “homosexual” was naïve. While I admitted that I participated in such activity I did so as a scared youth. In my years since discharge I have never participated in homosexual behaviour. I am currently happily married with two children and my wife is fully aware of my military past an accepts it. One of my greatest fears is that my children will some day discover the reason for my separation when they stumble across a DD-214. Today I am not a homosexual even though I stupidly experimented with it. Along with the fairness in hiring issues I listed above, I also wish to have the type of discharge and narraration changed because it will eventually have a severly negative effect on my family (especially my children). Ultimately, I also wish to have the characterization and narraration changed because they no longer describe who I am today or who I will be in the future. I feel that “Reduction in Force” or “Conditions, not disability” would be a fair Narrartive Reason for Discharge. ”

Documentation
The Applicant did not submit any additional documentation for the Board to consider in his case review.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USMC              000000 - 000000  HON
         Inactive: USMCR (J)               871022 - 880725  COG
Period of Service Under Review :
Date of Enlistment: 880726               Date of Discharge: 890815

 Length of Service (years, months, days):

         Active: 01 00 20
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 74
Highest Rank: PFC

 Final Enlisted Performance Evaluation Averages (number of marks):
Proficiency: 4.2 (5)              Conduct: 4.3 (5)

 Military Decorations: LtrApp
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Discharge involuntarily - Homosexuality - Admission (administrative discharge board required but waived), authority: MARCORSEPMAN Par. 6207.3b(2).
Chronological Listing of Significant Service Events :

890428:  Applicant's Voluntary Statement made to the Executive Officer, 1 st Sgt, and the guard chief of the Marine Detachment aboard the USS ENTERPRISE (CVN 65) concerning his homosexuality and his intention to continue said practice.
890501:  Applicant's Voluntary Statement made to the Commanding Officer, Marine Detachment, USS ENTERPRISE (CVN 65) concerning his homosexuality.
890502:  Counseled for deficiencies in performance and conduct. [Permanently decertified from the Personnel Reliability Program (PRP).] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890530:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of homosexuality as evidenced by his statement that he admitted to being a homosexual.
890601:  Counseled for deficiencies in performance and conduct. [Sexual practices counter to acceptable standards and militarily accepted practices.] Necessary corrective actions explained, sources of assistance provided, disciplinary and discharge warning issued.
890601:  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.
890721:  Commanding officer recommended discharge by reason of homosexuality and that the discharge be with a General Characterization due to the Applicant’s “admission of homosexuality and intention to continue this practice.” The factual basis for this recommendation was the Applicant being a homosexual, by his own admission.

890802:  GCMCA [Commanding General, Fleet Marine Force, Pacific] directed the Applicant's discharge under honorable conditions by reason of homosexuality - admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19890815 under honorable conditions (general) for homosexuality - 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: In a signed statement pursuant to a murder investigation of an individual involved in homosexual relationships with service members attached to the USS ENTERPRISE, the Applicant, implicated during the investigation, requested a discharge from the Marine Corps because of his propensity to engage in and his desire to continue to engage in homosexual activity, a behavior known by the Applicant to be “incompatible with service in the Marine Corps.” The Applicant understood there was a possibility he could be discharged under other than honorable conditions; thereby, depriving him of virtually all veterans' benefits based upon his current enlistment. Additionally, he was advised that he might expect to encounter substantial prejudice in civilian life in situations where the type of service rendered or the character of discharge received from the military may have a bearing. The Applicant stated he understood the reason he was being separated from the service. He admitted he was a homosexual, he had engaged in homosexual acts and “would continue to do so.” Relief denied.

The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Relief denied.


Pertinent Regulation/Law (at time of discharge)
A. The Marine Corps Separation and Retirement Manual, ( MCO P1900.16D), effective
27 Jun 1989 until 17 August 1995, Paragraph 6207, 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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