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NAVY | DRB | 2006_Navy | ND0600733
Original file (ND0600733.rtf) Auto-classification: Denied


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

ex-CTT2, USN
Docket No. ND06-00733

Applicant’s Request
The application for discharge review was received on 20060406 . 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. The Applicant did not designate a representative on the DD Form 293.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20070308 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was 3-2 that the character of discharge shall change to: HONORABLE/ HOMOSEXUAL ADMISSION , authority: MILPERSMAN 1910- 148, S eparation Code “ HRB . ”

PART I - ISSUES AND DOCUMENTATION


Decisional Issues
EQUITY: Character of service was not based on Applicant’s military service.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Applicant’s DD Form 214 (Member 1)
 Excerpts from Service Record ( 21 pgs)
 Printout of email from Applicant, dtd September 10, 2004
Letter of Recommendation from C_ A. S_, LT, USNR, dtd February 11, 2004
Character Reference ltr from CTT1(SW) A_ M. V_ R_ Jr, dtd June 28, 2004 , unsigned
Character Reference ltr from CTT1(SW/AW) S_ J_, dtd July 8, 2004 , unsigned
Character Reference ltr from IS1(SW) T_ G. C_, dtd October 10, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990928 - 19991128       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19991129              Date of Discharge: 20050324

Length of Service (years, months, days):

          Active: 0 5 0 3 26 (Does not exclude lost time.)
         Inactive: None

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

Age at Entry: 2 1
Years Contracted: 4 ( 24 -month extension)

Education Level: 12                                 AFQT: 82

Highest Rate: CTT2

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4 . 2 ( 6 )               Behavior: 3 . 5 ( 6 )                           OTA: 3 . 80

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbon (3), Battle ”E” Ribbon, Coast Guard Special Operation Service Ribbon, Good Conduct Award, Unit Commendation Ribbon, Navy and Marine Achievement Medal, Meritorious Unit Commendation Medal


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

GENERAL (UNDER HONORABLE CONDITIONS) HOMOSEXUAL ADMISSION, authority: MILPERSMAN, Article 1910 -148 (previously 3630400).

Chronological Listing of Significant Service Events :

0 40308 :  NJP for violation of UCMJ, Article 86 : Unauthorized absence 040222 to 040223 (1 day over liberty) .
          Award: Forfeiture of $ 1 00 .0 0 pay per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
040308:  Applicant received NAVPERS 1070/613 retention warning. [Extracted from Commanding Officer’s letter dated 050314.]

 050228 :  Applicant notified of intended recommendation by reason of homosexuality as evidenced by Applicant's statement that he admitted to being a homosexual. Applicant advised that if separation is approved, the characterization of service may be general under honorable conditions . [Characterization notification extracted from Applicant’s supporting documents.]

0 50228 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to submit statements to the separation authority and the right to obtain copies of the documents used to support the basis for the separation .
050314 :  Commanding Officer recommended Applicant honorable discharge by reason of homosexual conduct .

050322 :  CNPC directed the Applicant's discharge with a general (under honorable conditions) by reason of homosexual admission.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050324 by reason of homosexuality - homosexual admission with a service characterization of general ( under honorable conditions) (A) . 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 ( B and C ).

A general (under honorable conditions) character of service is appropriate when the quality of a member’s service has been honest and faithful and significant negative aspects of the member’s conduct or performance of duty outweighed positive aspects of the member’s service. The evidence of record shows that Applicant’s service was marred only by one nonjudicial punishment proceeding for violation of Article 86 of the UCMJ for a one - day period of unauthorized absence. The Board found that this negative aspect did not outweigh the Applicant’s five years and three months of service sufficiently to merit a general (under honorable conditions) characterization of service. Relief granted.

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. 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 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


__________

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