CASE NO:  AD97-01394

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  GD                    

2.  Date of discharge (or REFRAD):  870515                                          

3.  Authority for separation:

	a.  Regulation:  Chapter 15, AR 635-200                                                        

	b.  Reason:	Admission of homosexuality/bisexuality
                           
4.  Prior review(s):  ( X ) NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:

a.  Period entered for:  3 Years               Type
b.  Entry date:  850808                        ASR                             
c.  Age:  17  Years   DOB:  671004                                               
d.  Educational level:  HS Grad                                           
e.  Aptitude area scores:  ( X ) NIF/NA
	    GT:  109                               3.  Highest grade achieved:
    f.  Actual creditable service:  1  Year            
        9  Months  8  Days                         Grade    
                                                   E3         

                                               4.  Performance evaluations:  
                                                   ( X ) NONE

					CASE NO:  AD97-01394

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:  ( X ) NONE

7.  Court-Martial data:

	a.  SCM:   ( X ) NONE
		Date   Offense(s)

	b.  SPCM:  ( X ) NONE              
		Date   Offense(s)

	c.  GCM:	 ( X ) NONE               
		Date   Offense(s)

8.	Remarks:  ( X ) NONE

SECTION B - Other Service Data
( X ) NONE

            

	CASE NO:  AD97-01394

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1.  Summary of facts and circumstances concerning discharge:

	870401:	Physical examination cleared applicant for separation.
	870402:	Mental status evaluation cleared applicant for separation.
	870406:	Unit commander notified the applicant of initiation of separation 		action under the provisions of Chapter 15, AR 635-200, for admission 		of homosexuality/bisexuality.  He was advised of his rights.
	870406:	Applicant acknowledged notification.
	870406:	Unit commander recommended separation with a general under honorable 		conditions discharge.
	870410:	Applicant consulted legal counsel, waived a hearing by a board of 		officers, and did not submit a statement in his own behalf.
	870421:	Intermediate commander recommended approval with a general under 		honorable conditions discharge.
	870508:	Separation authority approved separation with a general under 			honorable conditions discharge.
	870515:	Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
	See Attached DD Form 293.

3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 970325. 

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

	a.  Applicant testified:    (   ) Yes   ( X ) No

	b.  Witness(es) testified:  (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:  ( X ) NONE

				CASE NO:  AD97-01394

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:
	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

    b.  Request:  ( X ) Recharacterization    (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

	b.  Equity:	The parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)  The issue is rejected.  The Board examined the applicant's record of service during the period of enlistment under review.  There was full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board noted that the applicant was separated for committing homosexual acts in violation of past and current Army policy.  The Board concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

			CASE NO:  AD97-01394

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .
	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                        
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

				CASE NO:  AD97-01394

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
COL ALLEN                                                                     
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AD9701394         970605    GD    870515    AR 635-200  C15   A5900   NC 5-0 A
1          10 11 12        18    20        26                41      46 49  52

                  A9405   A0100   A9453                                       
                 53      58      63      
			CASE NO:  AD97-01394

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.  LTC WYRICK, JIMMY R.          Mbr           X                 X       

    2.  LTC PHILLIPS, JOHN S.         Mbr           X                 X       

    3.  LTC SMITH, LILLIAN C.         Mbr           X                 X       

    4.  COL ALLEN, THOMAS J.          Mbr           X                 X       

    5.  COL MATHEWS, WILLIAM          PO            X                 X