| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That the narrative reason for his separation as it appears on his DD Form 214 (Certificate of Release or Discharge From Active Duty) in Block 28 be changed.
APPLICANT STATES: In effect, that his superiors coerced him into stating that he was a homosexual. He was only 17 years old and stationed in Korea and his superiors “made [him] believe [he] was a homosexual.” He now states that he is not a homosexual.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 13 November 1982 and enlisted in the Regular Army for 3 years on 22 March 2000. Following completion of all required military training, he was assigned to a unit at Camp Greaves, Korea, with duty as an infantryman. He arrived in Korea on 10 October 2000.
On 6 March 2001, the applicant rendered a sworn, written statement that he was a homosexual and that he feared for his safety, as members of his unit knew of his sexual preference.
On 26 March 2001, the applicant was processed for separation under the provisions of chapter 15 (homosexual conduct), Army Regulation (AR) 635-200. He was advised of his rights, acknowledged notification of his commander’s intent to separate him, waived his rights, and elected not to submit a statement. The applicant’s chain of command recommended that he receive an honorable discharge.
On 3 April 2001, the approving authority approved the applicant’s separation under chapter 15, AR 635-200, and directed he be issued an honorable discharge. He was separated on 18 April 2001. He had 1 year and 27 days of creditable active Federal service and no lost time.
The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade. The ADRB, after considering his case on 9 January 2002, denied his request.
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. The applicant’s discharge proceedings were conducted in accordance with applicable law and regulations. The character of the discharge is commensurate with the applicant's overall record of military service and the narrative reason for separation is correctly reflected. There is no indication that the request was made under coercion or duress, nor any indication of procedural errors which would tend to have jeopardized his rights.
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
__JH____ __RJW __ __RTD__ DENY APPLICATION
| CASE ID | AR2001062550 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010226 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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ARMY | BCMR | CY2001 | 2001064080C070421
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ARMY | BCMR | CY2001 | 2001058423C070421
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