MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:            6 July 2000                  
DOCKET NUMBER:   AR2000036335

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante 		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: Reconsideration of his application to correct his records by changing his narrative reason for discharge and his reenlistment eligibility (RE) code.

APPLICANT STATES:  In effect, that he lied about being homosexual in order to get out of a situation where he was receiving threatening letters.  He avers that these letters caused him to be concerned for both him and his family’s safety.  He states that when he made his command aware of these threats no investigation was undertaken although he was assigned a partner in case something happened.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 29 July 1998 (COPY ATTACHED).

The applicant submits a three page personal statement, copies of his military awards and 15 letters of character.  

In his personal statement the applicant sets forth his rationale for admitting to homosexual acts or tendencies as a means of getting out of a threatening situation.  He contends that he is not homosexual nor has he ever been involved in any homosexual activities.  In this statement he raises the request for change of narrative reason for his discharge.

Two of the letters of character from former employers describe him as exemplifying the personal attributes of the ideal employee.  A letter from his current employer describes him as a quick learner, a real team player who is reliable and exceeds expectations frequently.  The remainder of the letters of character are from friends and coworkers who describe him as having a strong work ethic, a professional manner and a pleasure to work with.  They further describe him as being the type of person who goes above and beyond expectations not only in his work but also as a friend willing to go the extra mile to help others.

The letters of character and the request to change the narrative reason for discharge were not available to or considered by the Board previously and constitute new evidence and argument that requires Board review.

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 applicant’s RE code is directly tied to the reason for his discharge, a self-admission of homosexuality.  The applicant admitted to his chain of command that he was a homosexual and was properly discharged based upon this admission.  The RE code is appropriate for the reason for discharge.

2.  The Board notes that the applicant is highly thought of as evidenced by the numerous letters of character.  However, these letters do not address either the reason for his discharge nor the alleged threats he relates in his statement.

3.  Without corroborating evidence his contention, that he was being threatened and that lying about his sexual orientation was the only avenue available to protect himself and his family, is not convincing.

4.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

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

__CMF__  __EMW__ ___JPI___  DENY APPLICATION

   Carl W. S. Chun
    Director, Army Board for Correction 
      of Military Records

INDEX

CASE ID	AR2000036335	
SUFFIX		
RECON	 	
DATE BOARDED	20000906 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.	110.02	
3.	144.59	
4.		
5.		
6.