MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           26 February 2002
	DOCKET NUMBER:   AR2001062550

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar 		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 his separation as it appears on his DD Form 214 (Certificate of Release or Discharge From Active Duty) in Block 28 be changed.

APPLICANT STATES:  In effect, that his superiors coerced him into stating that he was a homosexual.  He was only 17 years old and stationed in Korea and his superiors “made [him] believe [he] was a homosexual.”  He now states that he is not a homosexual.

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

He was born on 13 November 1982 and enlisted in the Regular Army for 3 years on 22 March 2000.  Following completion of all required military training, he was assigned to a unit at Camp Greaves, Korea, with duty as an infantryman.  He arrived in Korea on 10 October 2000.

On 6 March 2001, the applicant rendered a sworn, written statement that he was a homosexual and that he feared for his safety, as members of his unit knew of his sexual preference.

On 26 March 2001, the applicant was processed for separation under the provisions of chapter 15 (homosexual conduct), Army Regulation (AR) 635-200.  He was advised of his rights, acknowledged notification of his commander’s intent to separate him, waived his rights, and elected not to submit a statement.  The applicant’s chain of command recommended that he receive an honorable discharge.

On 3 April 2001, the approving authority approved the applicant’s separation under chapter 15, AR 635-200, and directed he be issued an honorable discharge.  He was separated on 18 April 2001.  He had 1 year and 27 days of creditable active Federal service and no lost time.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 9 January 2002, denied his request.

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 discharge proceedings were conducted in accordance with applicable law and regulations.  The character of the discharge is commensurate with the applicant's overall record of military service and the narrative reason for separation is correctly reflected.  There is no indication that the request was made under coercion or duress, nor any indication of procedural errors which would tend to have jeopardized his rights.

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

__JH____  __RJW __  __RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2001062550	
SUFFIX		
RECON		
DATE BOARDED	20010226 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.