PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            10 February 2000                  
	DOCKET NUMBER:   AR1999029987

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her General Discharge (GD) be upgraded to an Honorable Discharge (HD).

3.  The applicant states that she was given a GD because she was a homosexual and that after a given period of time, the discharge should have been automatically upgraded to an HD.

4.  The applicant’s military records show that she enlisted in the Regular Army for 3 years on 1 December 1981.  Trained as a motor transport operator, she was assigned to Fort Stewart, Georgia, where she was detailed to work in the Inspector General’s Office.  She apparently did her job well and she had no disciplinary infractions of any kind.

5.  For reasons unknown, the applicant signed a sworn statement on 16 August 1982 admitting that she was a homosexual and had engaged in homosexual acts as late as 15 August 1982.  These acts were apparently performed off-post and with a civilian with no military connection.  Her chain of command initiated action to separate her for homosexuality under the provisions of Chapter 15, AR 635-200.  She was notified of this action on 17 August 1982.  She acknowledged notification and, after consulting with legal counsel, waived her rights and stated that she understood the ramifications of a GD.  The discharge packet was forwarded to the approving authority who approved the applicant’s separation with a GD on 16 September 1982.  She was separated on 23 September 1982 with 9 months and 23 days of creditable service.

6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 15 of that regulation states that active homosexuality is incompatible with military service and provides, in pertinent part, for the separation of members who actively engage in homosexual conduct or who, by their statements, demonstrate a tendency to engage in homosexual conduct.  It further states that when the sole basis for separation is homosexuality, a discharge under other than honorable conditions may be issued only if such characterization is warranted in accordance with chapter 3, section III, and if there is a finding that during the current term of service the soldier attempted, solicited, or committed a homosexual act by using force, coercion or intimidation; with a person under 16 years of age; with a subordinate in circumstances that violate customary military superior subordinate relationships; openly in public view; for compensation; aboard a military vessel or aircraft; or in another location subject to military control if the conduct had, or was likely to have had, an adverse impact on discipline, good order, or morale due to the close proximity of other soldiers of the Armed Forces.  In all other cases, the type of discharge will reflect the character of the soldier’s overall record of service.

CONCLUSIONS:

1.  The applicant was a good soldier who performed her duties well and was not a disciplinary problem.  The homosexual acts that she admitted to having engaged in involved a civilian and occurred off-post.

2.  Army Regulation 635-200 states that a soldier’s entire record be considered in determining the characterization of service when being discharged for homosexuality.  The applicant’s service was unblemished and should have warranted an Honorable Discharge.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by voiding the General Discharge of 23 September 1982 now held by the individual concerned and by issuing to her an Honorable Discharge of the same date.

BOARD VOTE:  

__VBC__  ___JPS_  __KLW___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__VAN B. CUNNINGHAM__
		        CHAIRPERSON

INDEX

CASE ID	AR1999029987	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19820923	
DISCHARGE AUTHORITY	AR 635-200 C15	
DISCHARGE REASON	A59.00	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.