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NAVY | DRB | 2005_Navy | ND0501442
Original file (ND0501442.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-EM3(SS), USN
Docket No. ND05-01442

Applicant’s Request
The application for discharge review was received on 20050901. The Applicant requests the Narrative Reason for Separation be changed to “Convience of the Navy.” The Applicant requests 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 20060512. 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 reason for discharge shall not change. The discharge shall remain Honorable by reason of homosexuality - homosexual admission.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Since my Discharge from the Navy, I have found God and no longer desire that lifestyle. This, I feel is discriminatory and gives future employees the chance to be discriminatory.
I believe Box 28 it should read “Convience of the Navy” and all codes changed as well.”
Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000831 - 20010809      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20010810             Date of Discharge: 20040728

 Length of Service (years, months, days):

         Active: 02 11 19
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 92

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (3)                       Behavior: 3.0 (3)        OTA: 3 .05
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Enlisted Submarine Warfare Specialist


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 :

040514:  Applicant found physical qualified for separation.

 040609:  Commanding Officer’s First Endorsement of Applicant’s letter, forwarding with recommendation of acceptance and processing for administrative separation.

040622:  Applicant’s request for administrative separation concerning his homosexuality.

040624:  Applicant notified of intended recommendation for by reason of homosexual conduct as evidenced by: member’s statement that he/she is a homosexual or bisexual, or words to that effect, which creates a rebuttable presumption that he or she engages in, has propensity to engage in, or intends to engage in homosexual acts. Applicant advised, that if separation is approved, the least favorable characterization of service possible was general (under honorable conditions).
040624:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
040625:  Commanding Officer, Naval Submarine Support Center, Norfolk recommended discharge with an honorable by reason of homosexual conduct as evidenced by: Member’s statement that he is a homosexual or bisexual, or words to that effect, which creates a rebuttable presumption that he or she engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. Commanding Officer’s comments: “EM3 L_(Applicant) was transferred TEMDU to Naval Submarine Support Center, Norfolk pending Administrative Separation Processing due to his letter to the Commanding Officer onboard USS OKLAHOMA CITY (SSN 723) stating that he was a homosexual and desired to engage in homosexual conduct accordance with his sexual orientation. The Commanding Officer found his statement to be credible. I recommend that he be separated with an Honorable discharge.”

040701:  CNPC directed the Applicant's discharge with an honorable by reason of homosexual admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040728 by reason of homosexuality - homosexual admission (A) with a service characterization of honorable. 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 (B and C).

The Applicant contends that since his discharge, he “no longer desire(s) that lifestyle.” On 040527, the Applicant submitted a request for administrative separation in which he stated that he was a homosexual and desired to engage in homosexual acts. The Commanding Officer, USS Oklahoma City, determined that the Applicant’s statement was credible and recommended discharge. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Relief denied.

The Applicant contends that he will face job discrimination due to the assigned narrative reason. The Board has no authority to change a narrative reason for the sole purpose of enhancing employment opportunities or thwarting potential discrimination. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. A change the Narrative Reason Separation would be inappropriate.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 28 April 2005, Article 1910-148 (previously 3630400), SEPARATION BY REASON OF HOMOSEXUAL CONDUCT.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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