ex-PFC, USMC
MD06-00854

Current Discharge and Applicant’s Request:

Application Received:  				20060531
Narrative Reason for Separation:			HOMOSEXUAL ADMISSION
Character of Service:				
Discharge Authority:				marcorsepman 6207
Last Duty Assignment/Command at Discharge:	3rd bn 1st mar 1st mardiv camp pendleton ca

Applicant’s Request:
	Narrative Reason change to: 		Convenience of the government and RE-1
	Characterization change to:		NOT APPLICABLE
	Review Requested:			
Representation:  					

Decision:

Date of Decision:					20070517
The Discharge shall remain:			
						
Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	

Vote (characterization/reason)			/ 
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Discharge Package Complete:			

Summary of Service:

Prior Service:
Inactive: USMCR (DEP)				20001025 - 20001227	COG
Active:   NONE		               		     
Period of Service Under Review:
Date of Enlistment:  				20001228
Years Contracted:  				;        
Date of Discharge:				20020103
Length of Service:				01  Yrs  00  Mos  06  Days
Time Lost During This Period:			  1
			
Education Level:  				
Age at this Enlistment:  				
AFQT:  						55
MOS:						0311
Highest Rate/Rank:				PFC

Proficiency/Conduct (number of marks)		4.3 (4)/4.3 (4)
Awards and Decorations (as listed on the DD Form 214):   RIFLE SHARPSHOOTER BADGE

Service Record Entries Related to Narrative Reason for Separation or Characterization of Service 

20010824:	Applicant submitted typed, signed statement to Commanding Officer, 3rd Battalion, 1st Marines, Subj:  STATEMENT OF HOMOSEXUAL CONDUCT.  Applicant’s statement:  “I, Private First Class A. M_, USMC am a homosexual.  I have engaged in homosexual acts and continue to have the desire and the propensity to commit homosexual conduct.  I have recently come to understand my desires and feel that I will continue to have these desires and act upon them.  I do not wish to continue to suppress these feelings and believe that I could become a detriment to the good order and discipline of my unit.  I have sought guidance with the Battalion Chaplain regarding these issues and he suggested that I seek legal council, which I have done.  I am growing increasingly uncomfortable around my peers and seniors.  I respectfully request a discharge in accordance with the MARCORSEPMAN.  My legal council is Captain D. A. S_, USMCR at (number omitted).

20010829:	Commanding Officer, 3rd Battalion, 1st Marines, appointed fact finding inquiry.

20010905:	Inquiry Officer submitted report.  

20011022:	Counseling:  Advised of deficiencies in performance and conduct (Violation of the UCMJ, Article 86:  Unauthorized absence.  Specifically, not reporting for duty on 20011001 as required.), necessary corrective actions explained, sources of assistance provided.

Medical Record Entries Related to Narrative Reason for Separation or Characterization of Service

None.

Elements of Discharge:  

Discharge Process:				Administrative Board Procedure
Date Applicant Notified:				20011010
Basis:						hOMOSEXUAL CONDUCT
Least Favorable Characterization:			
Commanding Officer’s Intended Recommendation:	
Record Supports Narrative Reason:			

Date Applicant Responded to Notification:		20011009
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s)			

Board Date:					NOT APPLICABLE      
Finding of Administrative Board:			NOT APPLICABLE  
						
Commanding Officer Recommendation (date):	  (20011010)
SJA review:					SUFFICIENT IN LAW AND FACT (20011207)
Separation Authority (date):			Commanding General, 1st Marine Division (Rein) (20011217)
	Narrative reason directed:			hOMOSEXUAL admission
	Characterization of directed:		 
Date Applicant Discharged:			20020103

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service:
	Service/Medical Record:				2
	Other Period of Service:				0
       Related to Post-Service Period:
	Community Service:				0
	Education:					0
	Employment:					0
	Health/Medical:					0
	Character Statements:				4
	Criminal Records Checks:				0
	Additional Statements from Applicant:		0
        Other Documentation	 (Describe Below)		2

        Total Number of Pages:				8

       Description of Other Documentation:
     	Representative statement       

Discussion of Discharge Review

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

The Board noted that the typed date on the Notification letter (20011010) was a day later than the handwritten date on the Applicant’s Acknowledgment letter (20011010).  The Board concluded that this was most likely an administrative or clerical error, and that, regardless, the Applicant was not misled or prejudiced in any way.

Applicant’s Issues as summarized by the Board:
1.  Current Narrative Reason affecting my civilian and family life, desire to be “unbranded” and “without “diminishing label”
2.  Desire change to Re-enlistment Code
3.  Desire DD 214 reflect award of the National Defense Service Medal (NDSM).

Acceptance of Applicant’s Issues:
The Board accepted Issue 1 for consideration.  

Issue 1 (Propriety).  The record clearly demonstrates that the Applicant made a voluntary statement to the effect that he was a homosexual and had engaged in homosexual acts.  A properly appointed inquiry found that the Applicant’s statement was credible.  The Applicant was provided an opportunity to rebut the presumption that his statement demonstrated a propensity to engage in homosexual acts, but did not do so.  In his petition to the Board, the Applicant does not deny having made the statement, nor challenge the accuracy of the statement at the time it was made.  The Narrative Reason accurately reflects the basis upon which the Applicant was discharged.  No other Narrative Reason would more accurately describe the reason why the Applicant was discharged, and therefore a change is not warranted.  Relief denied.
  
Regarding the Applicant’s Issue 2, the Board determined that  which can form the basis of relief for the Applicant, or that the Board did not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding these Issue(s).  

Regarding the Applicant’s Issue 3, the Board does not have authority to amend or correct administrative and/or clerical errors on an Applicant’s DD 214.  If the Board discovers that an Applicant’s DD 214 clearly does not accurately reflect information in the Applicant’s service record, the Board will recommend to the Commandant of the Marine Corps that the DD 214 be administratively corrected.  The Board noted that, given the timeframe of his service, the Applicant appeared to be eligible for the NDSM but could not determine from his service record whether or not it had been awarded to him.  Therefore, the Applicant can petition the Board for Corrections of Naval Records on this issue.

Minority Opinion

None.

Pertinent Regulation/Law

A.  The Marine Corps Separation and Retirement Manual (MCO P1900.16F), effective 01 Sep 2001 until Present, Paragraph 6207, HOMOSEXUAL CONDUCT.

B.   Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and  Para 503, Equity.