| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Richard T. Dunbar | Member |
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
| 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. |
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