Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600233
Original file (ND0600233.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND06-00233

Applicant’s Request
The application for discharge review was received on 20051118 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable . The Applicant requests a documentary record discharge review. 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. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061130 . 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 4 to 1 that the character ization of the discharge shall not change. The discharge shall remain Under Honorable Conditions (General) by reason of homosexual admission.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

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

“ On December 8, 1990, I received an administrative discharge due to the fact I had told my ship’s physician I believed I was a homosexual. Despite the fact there was no credible evidence and I had not been intimate with another male. I was young at the time and believed it true because of my interest in the male body. I now know that this does not mean I was a Homo Sexual. Prior my entrance into the Navy I had a girlfriend with whom I had been intimate with, & in the last 10 years I have been married & living a heterosexual life. I believe when I told my ship’s physician I might be gay, I was being naïve and impetuous. Since this has been the case, I would like to request my discharge status be changed from “general/under honorable Conditions to “Honorable. I would also like to request my re entry code be changed from RE 4 to RE 1. ”

“After my discharge from the NAVY in 1990, I completed my graduate degree at Western Illinois University, Macomb, Illinois. After graduation I went to work for Knox College, in Galesburg, Illinois where I worked as their Assistant Director for Career Services. In this capacity I was able to assist students with their own occupational development. In 1995 I started working with the non profit agency Knox County Coalition for the Developmental Disabled. There, I worked with disabled people, assisting them with day to day issues. In the last year of my employment there, I worked as a job coach, assisting those wanting to work in the private sector. In 1998, I obtained my currant position at Carl Sandburg College where I work in the science area. I am responsible for tracking chemicals, setting up experiments and coordinating lab area among the instructors.

In the previous decade after my discharge, I have volunteered at several area organizations including; working and serving as a team leaden group facilitator for the Western Illinois University TEAMS and ROPES Course (1993-95), the local Community Hospice here in Galesburg for the terminally ill (1995-97) and the local Agency which assists domestic violence victims, Safe Harbor, (1997-98). In addition I have been involved with my Church, Trinity Lutheran, here in Galesburg as an active participant both in the Bell Choir and in Bible Study meetings. Most recently, in 2003, I was found to have the winning slogan “Proud Past, Strong Future” for the City of Galesburg (out of some 700 proposals)

I am actively involved in my boy’s life, working with him on school projects, working with him in Little League and in Basketball as any good father would.

With this being said and with what has been stated in section 8 of DD293, I believe my discharge and re entry classification was inequitable because it was based on one isolated incident (me making a comment which I thought might be true at the time) with no credible evidence. I had no other adverse action against me while serving my time in the military.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Ltr from Applicant, undated
 Applicant’s DD Form 214 (Member 1) (Member 4)
Certified Copy of Certificate of Recorder from Knox County Recorder, dtd June 27, 2001
Western Illinois University transcript, dtd December 14, 2005 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

Period of Service Under Review :
Date of Enlistment: 19900417              Date of Discharge: 19901214

Length of Service (years, months, days):

          Active: 0 0 07 28
         Inactive: None

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

Age at Entry: 26

Years Contracted: 4 ( 12 -month extension)

Education Level: 1 6                                  AFQT: 68

Highest Rate: SN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 6 ( 1 )     Behavior: 1 .0 ( 1 )                  OTA: 3 . 2

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): 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 :

901129:  Medical Department, USS TICONDEROGA (CG-47): 26 year old male SN/USN/AD came to sick bay requesting a Medical Officer’s Appt. “to see a psychiatrist ” patient admits to past medical history of psychiatric care for depression with mood swings. Patient reports being under the care of Dr. A_, psychiatry Center at the University of South Florida, Tampa Bay FL. Patient currently has Reported this in Boot Camp Great Lakes but was told to wait to his next duty station. Patient is reporting that he is becoming despondent & feels that him being in the military is wrong. Patient reports that he was pressure d by family to join the Navy. Patient relates that the organizational & Regimentation structure is what he is having difficulty relating . Patient feels incapable to the Navy’s design way of life. Patient describes as a nightmare. Patient reports of change of Sleep habits since reporting aboard. Frequently wakes up in the middle of the night, patient reports feeling emotionally drain and just feels that he is just here. Patient denies any suicidal/Homicidal Ideations or gestures at this time. Patient reports of being treated for depression on a outpatient Basis while at Junior college also total time in therapy Reported 1 ½ year s app rox. Currently not taking any medications patient allergic to medication: PCN
         Alert & Oriente d times 3 in no ------- distress V/S noted Stable Clean neat appearance in appropriate work uniform for Food Service -------- Social history – lived with parents (mother and step father) & 2 brothers. Left home age 18 due to fight with step father. Attended 4 years college prior to entry. Review of Medical Records reveals no history reported on SF 93 during entrance P. E. during interview patient remain calm, spoke in logical thought process able to (0) recall past/present events with memory intact demonstrated. Speech during interview was clear & distint. Patient maintain direct eye contact during interview. No emotional out breaks occurred.
          A - unsuitab le for Naval Service due to immature emotional depression.
         P - Medical Officer’s evaluation will be schedule d upon arrival to Home port.
        
901206 :  Medical evaluation by LT. A. D. S_, Medical Corps, USNR, found Member to be suffering from situational anxiety. Member was also determined to be homosexual and nonsuicidal or homicidal.

901206:  Medical evaluation requested by Desron Two Medical to Psychiatry, Lafayette Rover: 26 year old white male no previous psych history treated for depression in South Florida prior to enlistment presently with 5 months CAD, states mood swings and depression related to inability to adapt to military life style. Please eval. Refer to SF 600 No suicidal/homicidal ideations.
          Provisional diagnosis: Situational Anxiety, immature personality traits.
         Name of Doctor: LTMC S_
901206:  Medical evaluation requested by Desron Two Medical: 26 year old white male N/AD/SN 5 months CAD states prior history of depression told by civilian psychiatrist in Florida prior to enlistment. States : occasional . Mood swing from happy to sad and happy again. Occas ional c rying spells with depression fo r unknown reasons. States : difficulty relating to military lifestyles. Patient has been having difficulty sleeping as a result. Denies problems with any particular individual , state he j oined military for ‘wrong reasons . States pressured by mother & father to join since his brother (younger) is in the navy and doing well. States he realizes that the Navy is not for him.
         History of participation in occult sect./black magic cult while in college. No t active presently patient admitted homosexual, not presently involved in any relationship but does frequent gay bars.
         Denies any homicidal / suicidal ideations. No apparent vegetative symptoms.
         PE Alert/oriented & articulate, NAD clear logical though processes affect appropriate – mood slightly depressed
         No apparent medical -------------
         1. situational anxiety
         2. immature personality traits
         3. homosexuality
         4. nonsuicidal or homicidal
         P: 1. routine psych consult
          2. F/U PRN
901213 :  Applicant notified of intended recommendation for by reason of defective enlistment and induction due to fraudulent entry into the Naval Service and homosexuality due to member’s statement that he is a homosexual as evidenced by his verbal admission of homosexuality prior to and since joining the service to LT A. D. S_, Me dical C orps USNR, and his denial on DD Form 19966/3 August 1985 Section 36 C., enlistment/reenlistment document. Applicant advised, that if separation is approved, the characterization of service may be under honorable conditions (general).
          Applicant stated that he did not object to this separation.
901213 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights .

910191:  Commanding Officer, USS TICONDEROGA, recommended to COMNAVMILPERSCOM, that the Applicant will be discharged with a under honorable conditions (general) by reason of defective enlistment and induction due to fraudulent entry into the Naval Service and homosexuality. Commanding Officer’s comments: “SN L_ (Applicant) was a poor performer. His behavior has been sustained, and it is evident that he is incapable of performing to the levels required of navy enlisted personnel. His fraudulent enlistment precludes his placement in 4 position of trust or responsibility. Homosexuality is not acceptable behavior in Naval Personnel and therefore I have discharged him with a characterization of General under honorable conditions.”

 910206:  Commanding Officer, USS TICONDEROGA (CG 47), recommended to Commander, Naval Military personnel Command, that the Applicant be discharged with a under honorable conditions (general) by reason of misconduct due to defective enlistment and induction due to fraudulent entry into the naval service and homosexuality. Commanding Officer’s comments: “ SN L_ (Applicant) was a poor performer. His behavior has been substandard, and it is evident that he is incapable of performing to the level’s required of Navy enlisted personnel. Homosexuality is not acceptable behavior in Naval personnel and therefore I have discharged him with a characterization of General under honorable conditions. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19901214 by reason of homosexual conduct - [stated he is a homosexual] (A and B) with a service characterization of under honorable conditions (general) . 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).

The Applicant claims his discharge was inequitable because it was based on one isolated incident with no cr edible evidence and that he had not been intimate with another male. Per reference (a), the Applicant’s in-service statement to his chain-of-command that he was a homosexual created a rebuttable presumption that he engaged in, or had the propensity to engage in homosexual acts. A characterization of under honorable conditions (general) is warranted based on type warranted by service record in accordance with guidance provided in MILPERSMAN 3610300. The Applicant did not submit any evidence to rebut this presumption prior to his discharge. Accordingly, the Board has determined that the Applicant’s separation by reason of homosexual conduct was equitable and proper. Relief denied.

The Applicant states “After my discharge from the NAVY in 1990, I completed my graduate degree at Western Illinois University, Macomb, Illinois. After graduation I went to work for Knox College, in Galesburg, Illinois where I worked as their Assistant Director for Career Services.” The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. Relief denied.

The statement contained in the application that the Applicant’s admission was due to his youth and immaturity was found to be insufficient justification to warrant a change in the reason for discharge. Relief denied.

The Applicant states “I would also like to request my re entry code be changed from RE 4 to RE 1.” Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The following is provided for the edification of the Applicant. The NDRB has no authority to conduct additional reviews of this case since the Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.

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 5420.174D 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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


Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600283

    Original file (ND0600283.rtf) Auto-classification: Denied

    The patient denied any auditory or visual hallucinations, denied delusions, ideas of reference, or any other psychotic symptoms. No indication of appeal in the record.040618: Psychiatric evaluation at Naval Hospital, Great Lakes, Illinois, by P. K_, MD: Attention is directed to a copy of Doctor N_ psychiatric examination dated 7 April 2004 at which time he was diagnosed with depressive disorder, not otherwise specified, and borderline personality disorder. He stated he did not like the...

  • NAVY | DRB | 2006_Navy | ND0600300

    Original file (ND0600300.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application and/or attached document/letter: “I was recently denied a change in my military record for my DD 214 in reference to my RE code. I can only go part time, due to work and family. 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

  • NAVY | DRB | 2006_Navy | ND0600276

    Original file (ND0600276.rtf) Auto-classification: Denied

    ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214Letter to Applicant from Department of Veterans Affairs, dtd August 19, 2005 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 20020130 - 20020505 COGActive: None Period of Service Under Review :Date of Enlistment: 20020506 Date of Discharge: 20040225 Length of Service...

  • NAVY | DRB | 1999_Navy | ND99-00579

    Original file (ND99-00579.rtf) Auto-classification: Denied

    940713: Returned onboard at 1500 (1 day - absence not excused, member charged 1 days of lost time). 960227: Surrendered at Portsmouth Naval Hospital at 2300, absence not excused, charged with 11 days lost time. 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).In the applicant’s issue 1, the Board determined this issue is without merit.

  • NAVY | DRB | 2006_Navy | ND0600239

    Original file (ND0600239.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application and/or attached document/letter: “ At the time of my discharge the Petty Officer 2 nd Class informed me before I signed my DD 214 form that I was receiving a Honorable Discharge. Regulations indicate that members separated under and entry-level status will receive...

  • NAVY | DRB | 2006_Navy | ND0600360

    Original file (ND0600360.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ completed 4 year enlistment: “expiration of active obligated service” EAOS.” The Applicant requests a documentary record discharge review. Applicant was considered self-destructive and a continuing risk of harm to self or others.010411: Applicant notified of intended recommendation for discharge with the least...

  • NAVY | DRB | 2004 Marine | MD04-00179

    Original file (MD04-00179.rtf) Auto-classification: Denied

    MD04-00179 Applicant’s Request The application for discharge review was received on 20031107. 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. ” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter of Achievement from Phi Theta Kappa, Honor...

  • USMC | DRB | 2006_Marine | MD0600069

    Original file (MD0600069.rtf) Auto-classification: Denied

    MD06-00069 Applicant’s Request The application for discharge review was received on 20051004. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1) Orthopedic Status Report, dtd October 22, 1999 Applicant’s State of Texas – Academic Achievement Record Applicant’s Employment activities Character Reference ltr from L_ P. S_ (Applicant’s mother), undated (7 pages) PART II - SUMMARY...

  • NAVY | DRB | 2002_Navy | ND02-00380

    Original file (ND02-00380.rtf) Auto-classification: Denied

    Subsequent to the application, the Civilian Counsel informed the Board that he does not represent the Applicant in regards to his Application for Review of Discharge. Patient reported having 45 days of confinement for going UA and stated he is going to be discharged. 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.

  • USMC | DRB | 2006_Marine | MD0600255

    Original file (MD0600255.rtf) Auto-classification: Denied

    and pt. Naval Hospital, Okinawa, M. W_: S: Pt (Applicant) seen in follow up denying any further suicidal/homicidal ideation or depressive symptoms since last appointment. In the Applicant’s issue that the narrative reason for discharge should be depression instead of personality disorder, the Board found that the Applicant was diagnosed with " Personality Disorder Not Otherwise Specified with Passive/Aggressive Traits " by competent medical authority at the Psychiatric Clinic, U. S. Naval...