MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:              2 March 2000
	DOCKET NUMBER:     AR1999029099

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Ms. Joyce A  Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his narrative reason for separation be 
changed to a more favorable reason.

APPLICANT STATES:  That his narrative reason should not be stated out right and that it does not give him an equal opportunity for employment.

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty on 27 April 1995 as a field artillery surveyor.

On 1 October 1996, nonjudicical punishment (NJP) was imposed against the applicant for failure to go to his appointed place of duty and for being disrespectful in deportment towards a senior noncommissioned officer on 5 September 1996.  His punishment consisted of 7 days extra duty.

On 3 February 1997, the applicant made a sworn statement to a noncommissioned officer, in which he admitted to having homosexual thoughts and tendencies.

The applicant underwent a separation medical examination on 18 February 1997 and was found qualified for separation.

On 21 February 1997, the applicant underwent a psychiatric evaluation which 
revealed that the applicant was alert, oriented in all spheres and that he had the
the mental capacity to understand and participate in administrative or judicial board proceedings.  The psychiatrist also indicated that there was no evidence of any psychiatric condition, which would warrant disposition through medical channels and that the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command.

On 25 March 1997, the applicant’s commander initiated action to separate the applicant from the service under the provisions of Army Regulation 635-200,
chapter 15, section l, and paragraph 3.  The commander based his recommendation on the applicant’s verbal admission to him on 24 January 1997 and several members of his chain of command on or about the same date, that he had homosexual thoughts and tendencies.

After consulting with counsel, he waived consideration of his case by a board of officers and representation by counsel and elected not to submit a statement in his own behalf.

On 1 April 1997, the commander submitted his recommendation to separation the applicant under the provisions of Army Regulation 635-200, chapter 15, section I, and paragraph 3, for homosexual conduct.

On 18 April 1997, the separation authority approved the recommendation for 
discharge and directed that he be issued an Honorable Discharge Certificate. 
The applicant was discharged on 5 May 1997.  He served 2 years and 9 days of creditable service.

The applicant applied to the Army Discharge Review Board (ADRB) for a
change in his narrative reason for separation on 26 December 1999.  The ADRB determined that his discharge was proper and equitable and denied his request for a change in his narrative reason for separation on 14 January 2000.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 15 of that regulation states that homosexuality is incompatible with military service and provides, in pertinent part, for the separation of members who engage in homosexual conduct or who, by their statements, demonstrate a tendency to engage in homosexual conduct.
Paragraph 15-3b provides, in part, that an individual has stated that he
or she is a homosexual or bisexual, unless there is a further finding that the individual is not a homosexual or bisexual.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that his narrative reason for separation does not give him an equal opportunity for employment.

2.  The applicant’s separation under the provisions of Army Regulation 635-200, chapter 15, for homosexual admission was administratively correct and in conformance with applicable regulations.

3.  The type of discharge directed and the reasons therefor were appropriate considering all of the facts of the case.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

ESC____  SK______  KAN_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029099	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000302	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970505	
DISCHARGE AUTHORITY	AR 635-200  C, 15	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191		
2.		
3.		
4.		
5.		
6.