APPLICANT REQUESTS:  In effect, that any references to her having committed the offense of sodomy be removed from her military records.

APPLICANT STATES:  That she learned that she had been charged with sodomy after being refused a handgun permit in conjunction with a correctional officer position for which she applied .  She adds that the offense never happened and she has never had anal sex in her life.

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

She was born on 23 September 1968 and enlisted in the Regular Army for 4 years on 9 May 1989.  Following the completion of all required military training, she was assigned to an Engineer unit in the Republic of Korea, with duty as a truck driver.

While in Korea, the applicant entered into a homosexual relationship with her female roommate.  During this relationship, the applicant received and performed cunnilingus with her female roommate in their barracks room and in hotels near their compound.

The applicant departed Korea on 24 September 1990 enroute to Fort Carson, Colorado.  At Fort Carson, she maintained her homosexual relationship with her former roommate via letters and telephone calls.  At one point, her former roommate, who had been discharged, came to Fort Carson where she and the applicant engaged in oral sex.

While at Fort Carson, the applicant informed her first sergeant that she was a homosexual.  The first sergeant notified Army criminal investigators (CID) who opened a case.  During the CID investigation, the applicant made a sworn statement that she was homosexual and had performed oral sex with another female soldier in her barracks room in Korea and at Fort Carson.

On 25 March 1991, the applicant’s commander notified her that action was being initiated to separate her under the provisions of chapter 15, Army Regulation (AR) 635-200 for homosexuality.  The applicant was advised of the basis for the contemplated separation action and the rights available to her.  After consulting with legal counsel, she waived her rights and requested separation.

The applicant’s separation was approved on 10 April 1991.  On 5 May 1991, she was separated with an honorable discharge under the provisions of chapter 15, AR 635-200.  The narrative reason for separation was listed as “Engaged, attempted to engage, or solicited another to engage in homosexual acts.”  She had 1 year, 11 months, and 29 days of creditable active service and no lost time.

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 the aforementioned requirement

2.  The applicant admitted to performing homosexual acts with another female, including oral sex.  The Manual for Courts-Martial states that anyone “. . . who engages in unnatural carnal copulation with another person of the same or opposite sex . . . is guilty of sodomy.”  It further defines unnatural carnal copulation as taking “. . . into that person’s mouth or anus the sexual organ of another person or animal . . . .”

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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director