MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 January 2002                   
	DOCKET NUMBER:   AR2001065207

	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. George D. Paxson		Chairperson	
	Mr. Walter T. Morrison		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:  In effect, that the narrative reason for her discharge be changed.

APPLICANT STATES:  That she said she was a homosexual because she was having serious family problems and she did not know what else to do.  She provides no supporting evidence.

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

She enlisted in the Regular Army on 1 May 2000.

On 10 August 2000, the applicant’s commander referred her for a mental health
evaluation because she had confessed to a chaplain that she was homosexual and that she would not refrain from homosexual activity and would continue the same activities.

On 14 August 2000, a mental status evaluation found the applicant to have the mental capacity to understand and participate in proceedings and to be mentally responsible.  She was psychiatrically cleared for any action deemed appropriate by her command.  

On 24 August 2000, the applicant’s commander initiated action to separate her under the provisions of Army Regulation 635-200, chapter 15 for homosexual conduct.  On this date, the applicant was advised of the basis for the contemplated action.  She declined counsel.  She waived consideration of her case by an administrative separation board, she waived personal appearance before such a board, she waived consulting counsel, and she elected not to submit a statement in her own behalf.

On 28 August 2000, the appropriate authority approved the recommendation and directed the applicant be discharged with an uncharacterized description of service.

On 1 September 2000, the applicant was discharged, with an uncharacterized description of service, under the provisions of Army Regulation 635-200, chapter 15, homosexual admission.  She was given a separation code of JRB (homosexual admission) and an RE code of 4.

Army Regulation 635-200, chapter 15, prescribes the current criteria and procedures for the investigation of homosexual personnel and their discharge from the Army.  When the sole basis for separation is homosexuality, unless certain conditions are met, the type of discharge will reflect the character of the soldier’s service.  Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status.  (For Regular Army soldiers, entry-level status is the first 180 days of continuous active duty.)

Army Regulation 635-5-1, SPD/RE code cross-reference table, states that when the SPD code is JRB then RE 4 will be given.

RE 4 applies to persons not qualified for continued Army service and the disqualification is not waivable.

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.  Although the applicant may have now decided that it was a mistake to admit to homosexuality as a means of separating from the Army, there is no evidence to show that she was not a homosexual when she made that admission.  

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

__gdp___  __wtm___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001065207	
SUFFIX		
RECON		
DATE BOARDED	20020124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.