| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Stanley Kelley | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that the narrative reason for his separation be removed from his report of separation or replaced with a more favorable reason.
APPLICANT STATES: In effect, that his DD Form 214 shows a narrative reason for separation of “Homosexual Admission” and serves as a discriminator when he applies for jobs in the civilian community. He further states that he had an excellent record of service and finds it unjust that he has to reveal his sexual preference in such a manner.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 14 October 1997 for a period of 3 years and training as a wheel vehicle mechanic. He successfully completed his training and was transferred to Fort Campbell, Kentucky. He was advanced to the pay grade of E-4 on 14 December 1999.
On 30 June 2000, the applicant reenlisted for a period of 4 years, assignment to Fort Carson, Colorado, and a selective reenlistment bonus.
He departed Fort Campbell on 5 January 2001 and was transferred to Fort Carson. On 25 January 2001, while in the replacement detachment, the applicant admitted to the first sergeant and the commander that he engaged in homosexual activities, had done so since the age of 15, and that he had solicited another to engage in homosexual activities. He subsequently made the same admission to his unit commander and a member of the Staff Judge Advocate’s office. The replacement detachment commander also indicated that the applicant had tried to get out of the Army at Fort Campbell just as he was departing and was ignored by his unit.
He underwent a mental status evaluation on 31 January 2001 and was found to be mentally sound.
On 9 February 2001, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 15-3b, due to his admission of homosexuality.
After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.
The appropriate authority approved the recommendation for discharge on 26 February 2001 and directed that he be furnished with an Honorable Discharge Certificate.
Accordingly, he was honorably discharged on 2 March 2001, under the provisions of Army Regulation 635-200, paragraph 15-3b, for admission of homosexuality. He had served 3 years, 4 months and 19 days of total active service and was awarded two awards of the Army Achievement Medal, the Army Service Ribbon, the Air Assault Badge and marksmanship badges. There is no evidence of any disciplinary action being taken against the applicant in the available records.
Army Regulation 635-200 serves as the authority for the separation of enlisted personnel. Paragraph 15-3b provides, in pertinent part, that a soldier will be separated under this paragraph if he or she has stated that they are a homosexual or bisexual, unless there is a further finding that such is not the case. An honorable discharge is normally considered appropriate unless there is evidence that during the current term of service, the soldier attempted, solicited, or committed a homosexual act.
Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It states, in pertinent part, that the narrative reason for separation that serves as the basis for separation will be entered on the DD Form 214 in block 28. Such reasons include, but are not limited to reasons such as Expiration of Term of Service, Misconduct, Drug Abuse Rehabilitation Failure, Reduction in Force and Homosexual Admission.
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 was discharged based on his admission of homosexuality and the Board finds that he was properly discharged in accordance with the applicable regulations in effect at the time and that he was issued the proper narrative reason for discharge.
3. Although the applicant had an otherwise excellent record of service, he could have separated honorably on the expiration of his first term of service and his separation document would not have revealed the same reason as is currently on his DD Form 214. However, the applicant elected to reenlist and was transferred to Fort Carson in accordance with the terms of his reenlistment contract. It appears that he had a change of mind and decided that he no longer desired to serve. In any event, the narrative reason for his separation before completion of his contract appropriate reflects why he was discharged prematurely.
4. The applicant’s contention that his narrative reason for separation is unjust is without merit. It correctly reflects the basis for his separation and to grant him relief would afford him a benefit that is not afforded to other soldiers in similar situations who separate with a narrative reason for separation that is less than desired.
5. 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
___hbo__ ___sk___ __rvo____ DENY APPLICATION
| CASE ID | AR2002076588 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/12/19 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | 2001/02/26 |
| DISCHARGE AUTHORITY | AR 635-200, para 15-3b |
| DISCHARGE REASON | Admission to homosexuality |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 191 | 110.0200/rsn for sep |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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