RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 JULY 2004
      DOCKET NUMBER:   AR2004100736


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Eloise Prendergast            |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his reentry (RE) code of "4" on his 16
August 2000 DD Form 214 (Certificate of Release or Discharge from Active
Duty) be corrected to RE "3" or "2" so that he can reenlist in the Army.
He also requests that the narrative reason for his separation be changed
from "Homosexual Admission" to "Personal Reasons."

2.  The applicant states that he is married with two boys and his DD Form
214 does not represent his way of life.  He is responsible for the nature
of his discharge; however, he took bad advice from a senior noncommissioned
officer.  He never knew that he would not be able to reenlist.  He has a
respected job; however he wants to reenlist in the Army.  He is in contact
with an Army recruiter. His family supports him.  His mother had passed
away and he had a hard time coping with her loss.  His first sergeant
advised him to get out because of a hardship.  When this failed, he advised
him to admit that he was gay.  He was not in the right state of mind.  The
situation with his mother has passed and he wants to continue to service
his country.  e ta

3.  The applicant provides a copy of a recommendation from an Army
recruiter and a copy of 22 May 2000 certificate of marriage.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Navy for almost four years.  He was
released from the Navy with an honorable characterization of service on 7
August 1997 because of a reduction in force and transferred to the Naval
Reserve.

2.  On 26 September 1998 the applicant requested enlistment in the Regular
Army.  His request was approved and on 4 January 1999 he enlisted in the
Regular Army for four years.  His enlistment documents show that he was
married with two children.  A marriage certificate shows that he was
married on 22 December 1993.

3.  The applicant was awarded the Parachutist Badge on 3 September 1999 and
the Air Assault Badge on 27 March 2000.

4.  On 28 July 2000 the applicant requested that he be discharged under the
provisions of Army Regulation 635-200, chapter 15, for homosexuality.  He




stated that he felt that he had a natural propensity to engage in sexual
activity with members of the same sex.  He stated that he sincerely desired
to fulfill his enlistment commitment in the Army, but could not do so at
the expense of being required to lie to his friends and commanders.  He
stated that he had no intent to challenge the Department of Defense (DOD)
or Department of the Army (DA) policies against homosexuality, either
administratively or through litigation.

5.  On 31 July 2000 the applicant's commanding officer informed the
applicant that he was initiating action to separate him for homosexual
conduct.  He stated that the reason for his action was because of the
applicant's propensity to engage in sexual activity with members of the
same sex.  He stated that he was recommending that the applicant receive an
honorable discharge.

6.  The applicant acknowledged receipt of the notification, and stated that
he waived consideration of his case by an administrative separation board
and declined the opportunity to consult with counsel.

7.  The applicant's commanding officer recommended to the separation
authority that the applicant be discharged because of his propensity to
engage in sexual activity with members of the same sex.  In his
recommendation he indicated that a report of mental status evaluation or
psychiatric evaluation was attached.  That report is not available to the
Board.

8.  A 2 August 2000 report of medical examination shows that the applicant
was medically qualified for separation with a physical profile serial of 1
1 1 1 1 1.

9.  The applicant's battalion commander nonconcurred with the applicant's
company commander's recommendation, stating that he suspected that the
action was an abuse of a well intended policy.  He recommended requesting
permission to conduct a commander's inquiry prior to any decision.

10.  On 8 August 2000 the separation authority approved the recommendation
to discharge the applicant for homosexual conduct and directed that he be
issued an honorable discharge.

11.  The applicant was discharged at Fort Campbell, Kentucky on 16 August
2000 under the provisions of Army Regulation 635-200, paragraph 15-3b,
because of his homosexual admission.  His reentry code on his DD Form 214
 is "4."





12.  Army Regulation 635-200 provides for the separation of enlisted
personnel.  Chapter 15 of that regulation prescribes separation of Soldiers
for homosexuality, and states in pertinent part that homosexual means a
person, regardless of sex, who engages in, desires to engage in, or intends
to engage in homosexual actions.  The basis for separation may include
preservice, prior service, or current service conduct or statements.  A
Soldier will be separated if he or she has stated that he or she is a
homosexual or bisexual, unless there is a further finding that the Soldier
is not a homosexual or bisexual.

13.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned RE codes, based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the US Army Reserve.

14.  Those codes are used for administrative purposes only and used for
identification of an enlistment processing procedure.  The code RE-4
applies to persons separated from his last period of service with a non-
waivable disqualification.  This includes anyone discharged as a homosexual
or with homosexual tendencies.

DISCUSSION AND CONCLUSIONS:

1.  The applicant himself admitted to his propensity to engage in sexual
activity with members of the same sex.  He now states that he made this
admission because of his state of mind at that time – his mother had passed
away.  He implied that his attempts to be discharged because of a hardship
were denied; however, he has provided no evidence to indicate that he had
applied for a hardship discharge, and his records contain no evidence of
any such request.

2.  The applicant now states that he made his admission of homosexual
tendencies only because it was the only way that he could be discharged.
However, his admission included the statement that he sincerely desired to
fulfill his enlistment commitment in the Army, but could not do so at the
expense of being required to lie to his friends and commanders.  The Army
took his statement at face value.  The applicant has submitted neither
probative evidence nor a convincing argument to refute the admission that
he made at that time.

3.  Consequently, the applicant's request to correct his DD Form 214 is not
granted.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___TO __  ___EP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            _____Melvin Meyer______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100736                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040727                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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