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ARMY | BCMR | CY1996 | 9609779C070209
Original file (9609779C070209.txt) Auto-classification: Denied
APPLICANT REQUESTS:  That her honorable discharge (HD), issued under the provisions of Army Regulation (AR) 635-200, chapter 15, for homosexual conduct, be voided and that she be reinstated in the Regular Army.

APPLICANT STATES:  That she is not a homosexual or bisexual and has never committed any homosexual act.  She contends that the witnesses against her were lying because they did not like her for various reasons.

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

She served on active duty between 16 February 1988 and 6 September 1989 as a patient administration specialist at a field hospital in Germany.

While in Germany, the applicant was investigated by the Army Criminal Investigation Division (CID) for alleged homosexual activities with fellow female soldiers.  Various witnesses claimed to have seen the applicant in bed with another female soldier engaging in homosexual acts of kissing and fondling.  Following a legal review of the investigation, sufficient probable cause existed to title the applicant for the offense of indecent acts.

On an undetermined date in or around July 1989, the applicant’s commander notified the applicant that he was initiating separation action under chapter 15, AR 635-200, for engaging in, attempting to engage in, or soliciting another to engage in homosexual acts.  She was advised of her rights and consulted with legal counsel.  She waived her right to a hearing before a board of officers and elected to submit a statement on her own behalf.

Following physical and mental evaluations which cleared her for separation, the applicant’s commander, on 18 July 1989, recommended her discharge with an HD.  On 16 August 1989, the approving authority approved the recommendation and, on 6 September 1989, the applicant was separated with an HD under the provisions of chapter 15, AR 635-200, homosexuality.

The applicant applied to the Army Discharge Review Board (ADRB) seeking reinstatement.  On 6 May 1996, the ADRB denied her request citing the CID investigation as providing sufficient justification for the discharge action.  The ADRB noted that the applicant’s argument that she was the victim of lies by fellow soldiers who disliked her was appropriately considered by her chain of command at the time of discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 15 of that regulation states that homosexuality is incompatible with military service and provides, in pertinent part, for the separation of members who engage in homosexual conduct or who, by their statements, demonstrate a tendency to engage in homosexual conduct.

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’s argument to the Board was previously presented to her chain of command and the ADRB without success.  Her discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge given the applicant is commensurate with her overall record of military service.

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

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