MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            2 February 2000
	DOCKET NUMBER:   AR1999029866

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 the reason for her discharge be changed.

APPLICANT STATES:  In effect, that she was supposed to receive a voluntary separation and sexual orientation was not an issue during her term of service.

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

On 1 April 1996, the applicant entered the Regular Army for 4 years.  She successfully completed basic training at Fort Jackson, South Carolina and advanced individual training (AIT) at Fort Eustis, Virginia.  Upon completion of AIT she was awarded military occupational specialty 88A (Cargo Specialist) and remained at Fort Eustis for her first permanent duty station.

On 8 May 1996, the applicant was promoted to the rank of private first class/E-3 which is the highest grade she held while on active duty.  Her record documents no acts of valor, significant achievement, or service warranting special recognition; nor does it show any history of disciplinary problems or poor duty performance.  

On 20 December 1996, the applicant completed an affidavit in which she acknowledged that she was a homosexual and stated that it was her desire to leave the military.  Her basis for this request was that she felt she could not adapt to the standards set by the military.

On 16 January 1997, the applicant’s unit commander notified the applicant of the intent to initiate separation action on her, under the provisions of Chapter 15, Army Regulation 635-200, for homosexuality.  He cited the reason for his proposed action as the applicant’s request to be separated and an inquiry that found it would be in the applicant’s and the Army’s best interest for the applicant to be separated.  

The applicant consulted counsel and after being advised of the basis for the contemplated separation action, completed her election of rights.  She elected to conditionally waive her right to consideration by and personal appearance before an administrative separation board contingent on her receiving an honorable discharge.  She also declined to submit a statement in her own behalf.

The separation authority approved the applicant’s separation and directed that she be discharged and that her service be characterized as honorable.  Accordingly, on 18 February 1997, the applicant was honorably separated after completing 9 months and 11 days of active military service.  

On 6 August 1999, the Army Discharge Review Board (ADRB) denied the applicant’s request for a change in the reason for her discharge and found the authority and reason for the applicant’s discharge were proper and equitable in all respects.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 15 contains the general policies concerning homosexual conduct, including statutory provisions, pertinent definitions, and commander guidelines for fact-finding inquiries.  Paragraph 15-3 indicates, in pertinent part, that a soldier will be discharged if they engaged in, attempted to engage in, or solicited another person to engage in a homosexual act. 
Sub-paragraph b states, in pertinent part, that if a soldier makes a statement that they are homosexual or bisexual, or words to that effect, this admission creates a rebuttal presumption that in fact the soldier engages in, attempts to engage in, has a propensity to engage in, or intends to engage in homosexual acts. 

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 concurs with the findings and conclusions of the ADRB and presumes that the applicant's administrative separation was accomplished in compliance with applicable regulations. There is no indication of procedural errors by the ADRB which would tend to have jeopardized the applicant's rights.

2.  The Board noted the applicant’s separation was accomplished at her request and that she was separated with an honorable discharge under the terms of her own conditional waiver.  Therefore, the Board concluded there was no basis for relief in this case.

3.  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.

4.  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___  ___ja ___  __le ____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029866	
SUFFIX		
RECON		
DATE BOARDED	2000/02/02	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1997/02/18	
DISCHARGE AUTHORITY	AR 635-200 C15	
DISCHARGE REASON	Homosexuality	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 189	110.0000	
2.		
3.		
4.		
5.		
6.