MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 November 2000                   
	DOCKET NUMBER:   AR2000046044

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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:  That the narrative reason for separation listed on her Certificate of Release or Discharge from Active Duty, DD Form 214, be removed.

APPLICANT STATES:  That the narrative reason for separation is unjust and invades her privacy.  She feels future jobs will be affected by this.  She provides her long-form DD Form 214 as supporting evidence.

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

She enlisted in the Regular Army on 15 July 1994.

On 28 December 1995, the applicant made a sworn statement, apparently to a Judge Advocate General attorney, that she was a homosexual.  She was finding it too hard to be alone and desired to be separated.

Separation action under the provisions of Army Regulation 635-200, chapter 15 for homosexuality was initiated.  The appropriate authority approved the separation action.  On 6 February 1996, she was honorably discharged.  Item   28 of her DD Form 214 lists the narrative reason for her separation as Homosexual Admission.

Army Regulation 635-200, chapter 15, prescribes the current criteria and procedures for the investigation of homosexual personnel and their discharge from the Army.  In pertinent part, it states that a soldier will be separated per this chapter for several reasons, including if the soldier has stated that he or she is a homosexual or bisexual.  

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the Special Additional Information (which includes the narrative reason for separation) will not be included on copy 1 of the DD Form 214 (given to the member) or on copies given to agencies outside of the Department of Defense with the exception of the Department of Veterans Affairs (DVA), the DVA State Directors, and the Department of Labor.

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.  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 this requirement.

2.  The applicant’s DD Form 214 was prepared in accordance with applicable regulations.  The information identifying the narrative reason for her separation is listed only on those copies of the DD Form 214 issued to her, the Army, and two other Federal Government agencies with a need to know because certain benefits may be involved depending on the reason for separation.  If the applicant is concerned about her privacy, she should show future employers only copy 1.

3.  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

__fne___  __tsk___  __wdb___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046044	
SUFFIX		
RECON		
DATE BOARDED	20001102	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.