RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 February 2004
      DOCKET NUMBER:   AR2004101465


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Raymond V. O'Connor, Jr.      |     |Chairperson          |
|     |Ms. Margaret V. Thompson          |     |Member               |
|     |Mr. Lawrence Foster               |     |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, in effect, that the separation program
designator (SPD) code in item 26 and the reentry code (RE code) in item 27
of her DD Form 214 (Certificate of Release or Discharge from Active Duty)
be changed to some unspecified entries.

2.  The applicant states that she made a false statement regarding her
homosexuality based on "bad advice" given by a fellow soldier.

3.  The applicant continues that she was scared and that she is not nor has
ever been a homosexual.

4.  The applicant provides copy of her DD Form 214 in support of her
application.

CONSIDERATION OF EVIDENCE:

1. The applicant entered active duty on 21 March 2001 and served in the pay
grade private/E-1 until she was honorably separated on 23 August 2001.

2.  A DA Form 2823 (Sworn Statement) executed by the applicant on 25 July
2001 essentially stated that she had engaged in homosexual acts and that
she was not coerced, forced, intimidated, intoxicated, or in any state that
would impair her proper state of mind.  She further stated that the
homosexual activities were of her own free will, that her admission was not
for the purpose of avoiding military service, that she desired to engage in
homosexual acts in the future and that she was not married to a member of
the same gender.

3.  The DA Form 2823 also shows that the applicant made the following
statement:  "After signing my enlistment papers, I engaged in a homosexual
relationship.  This relationship last until the 20th of July."  The
applicant's initials were placed at the end of the statement.

4.  A DA Form 4856 (Developmental Counseling Form), dated 27 July 2001,
shows that the applicant was advised that she would be separated from
active service due to chapter 15 of Army Regulation 635-200 (Separations)
for homosexual activities.

5.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 27 July
2001, shows that the applicant was evaluated as requested by her commander,
that there was no evidence of mental defect, emotional illness, or
psychiatric disorder of sufficient severity to warrant disposition through
medical channels.

6.  On 16 August 2001, the applicant was advised of the basis for her
separation under the provisions of Army Regulation 635-200.
7.  The applicant indicated that she consulted with appropriate military
counsel, that she waived consideration of her case by a board of officers,
that she waived a personal appearance before a board of officers, that she
did not provide statements on her own behalf and that she waived
representation by military counsel.

8.  On 20 August 2001, the commander of the 111th Military Intelligence
Brigade approved the administrative separation under the provisions chapter
15 of Army Regulation 635-200.

9.  On 23 August 2001, the applicant was separated under the provisions of
chapter 15 of Army Regulation 635-200 with an honorable discharge.  The
applicant was issued a DD Form 214 which shows in block 26 (Separation
Code) the entry "JRB" and in block 27 (Reentry Code) the entry "4."

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
defines the SPD Codes used on the DD FORM 214.  In this case, Army
Regulation 635-5-1 shows that the SPD code "JRB" indicates that the
separation authority as "Paragraph 15-3B, Army Regulation 635-200" and the
narrative reason for the discharge is “Homosexual Admission."

11.  Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation
635-5 (Separation Documents) establishes the RE codes to be used based on
the appropriate SPD code.  In this case, the cross reference table shows
that a RE code “4” is assigned when the SPD is "JRB."

12.  Records show that the applicant had completed 5 months and 3 days of
active Federal service at the time of her separation.

13.  On 16 May 2003, the applicant applied to the Army Discharge Review
Board (ADRB) requesting a change in the character and/or reason of her
discharge.

14.  On 24 January 2004, the ADRB reviewed the applicant's records and
determined that she was properly and equitably discharged.  The ADRB
further determined that there was no basis to change the character and/or
reason for discharge and denied the applicant's request.

15.  The applicant was notified of the ADRB decision by letter, dated 30
January 2004.

16.  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.
17.  Army Regulation 635-1 (Separation Program Designator (SPD) Codes)
provides the specific authorities (regulatory or directive), reasons for
separating soldiers from active duty, and the SPD codes to be entered on
the DD Form 214.

18.  Army Regulation 635-5 establishes the standardized policy for
preparing and distributing the DD Form 214.  In pertinent part, it directs
that the regulatory authority authorizing the separation will be entered in
item number 25 of the DD Form 214.  Item number 28 will contain the
narrative reason for separation, as shown in Army Regulation 635-5-1 based
on the regulatory authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her SPD code and RE code should be changed
because she executed a false statement regarding her homosexual activities.

2.  Records show that the applicant executed a sworn statement to the
effect that she committed homosexual acts and would continue to do so.

3.  Records show that the applicant was counseled regarding separation for
homosexuality.  There is no evidence she indicated that this action was in
error or unjust or that her statement was false.

4.  As a result, the applicant was separated under the provisions of
chapter 15 of Army Regulation 635-200.  At the time of her separation, she
received an SPD of JRB and an RE code of 4.

5.  The SPD code of JRB was the appropriate code for the applicant based on
the guidance provided in AR 635-5-1 for soldiers separating under the
provisions of AR 635-200, Chapter 15.

6.  Furthermore, in accordance with governing regulations in effect at the
time of the applicant’s separation, the correct SPD and RE codes were
entered on her DD form 214 consistent with the reason and authority for
discharge.

7.  The applicant's administrative separation was accomplished in
compliance with applicable regulation with no indication of procedural
errors that would tend to jeopardize her rights.

8.  In the absence of evidence to the contrary, it is clear that all
requirements of law and regulations were met and the rights of the
applicant were fully protected throughout the separation process.

9.  Other than her own contention, there is no evidence that her sworn
statement was false or otherwise in error.
10.  Inasmuch as the applicant was discharged based on her own admission of
homosexuality, the reason and authority for discharge is correct as
currently constituted.

11.  The applicant also contends that she was given "bad advice" from a
fellow soldier regarding her admission of homosexuality.  There is no
evidence and the applicant has failed to provide evidence to support this
claim.  As such, this claim is not sufficient as a basis to amend the DD
FORM 214 as requested by the applicant.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RVO___  __LF_____  _MVT____  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.





            __Raymond V. O'Connor, Jr._
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004101465                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040224                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |