Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999027946
Original file (1999027946.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: HD

2. Date of discharge (or REFRAD): 970218

3. Authority for separation:

         a. Regulation: Chapter 15, AR 635-200

         b. Reason: Homosexual Conduct (Statement)

4. Prior review(s): NONE



PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review


1.       Service data: 2. Awards and decorations:
                           NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 960508
c. Age: 21 Years DOB: 740711
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 123 3. Highest grade achieved:
f. Length of Service: E3
0 Year(s) 9 Month(s) 11 Day(s)

4. Performance evaluations:
NONE


PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE

         Date     Offense(s)
        


7. Court-Martial data: NONE

         a. SCM:
                 
Date Offense(s)

        
         b. SPCM:
                 
Date Offense(s)


         c. GCM: 
                 
Date Offense(s)


8.       Remarks: NONE


SECTION B - Prior Service Data
NONE

Other discharge(s):

         Service   From      To        Type Discharge






PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. Evidence of record shows that on 16 January 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l5, AR 635-200, by reason of homosexual conduct (statement), with an honorable discharge. She was advised of her rights. The applicant consulted with legal counsel was advised of the impact of the discharge action, and voluntarily waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than an honorable discharge. The applicant elected not to submit a statement in her behalf. The unit commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On undated, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an honorable discharge.

         b. On 18 February 1997, the applicant was discharged with an honorable discharge. At the time of discharge, the applicant had 9 months and 11 days service on her current enlistment.

2. Legal/Regulatory Basis for Separation Action:

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 15 of that regulation states that active homosexuality is incompatible with military service and provides, in pertinent part, for the separation of members who actively engage in homosexual conduct or who, by their statements, demonstrate a tendency to engage in homosexual conduct. Army regulation states that when the sole basis for separation is homosexuality, a discharge under other than honorable conditions may be issued only if such characterization is warranted in accordance with chapter 3, section III, and if there is a finding that during the current term of service the soldier attempted, solicited, or committed a homosexual act by using force, coercion or intimidation; with a person under 16 years of age; with a subordinate in circumstances that violate customary military superior subordinate relationships; openly in public view; for compensation; aboard a military vessel or aircraft; or in another location subject to military control if the conduct had, or was likely to have had, an adverse impact on discipline, good order, or morale due to the close proximity of other soldiers of the Armed Forces. In all other cases, the type of discharge will reflect the character of the soldier’s overall record of service.


SECTION B-APPLICANT’S SUBMISSIONS


1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.

2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 990617.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE



PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion



Referred to ( ) Medical Advisor ( ) Legal Advisor



a. Medical prehearing comments (if applicable):


b. Legal prehearing comments (if applicable):











PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits


1. Review/hearing information:


         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date:
Washington, DC on 4 August 1999

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

         e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:


PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

         ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:

         b. Request: ( ) Recharacterization ( X ) Change of Reason



2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

         a. Propriety:    The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above:

(1) The issue is rejected. The record does not support the applicant’s contentions, and no evidence to support them have been submitted by the applicant, that her discharge is improper because the reason for discharge is incorrect and that her reason for discharge was suppose to be voluntary separation. The Board noted that the applicant admitted to being a homosexual while a member of the military service and discharge proceedings were properly initiated under the provisions of Chapter 15, AR 635-200 by reason of homosexuality. The Board was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.

         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above:

(2) The issue is rejected. The Board congratulates the applicant on her achievements since departing the Army. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

3. Response(s) to item(s) not addressed as decisional issue(s): NONE


PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

         ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to
                                     .
         ( )      Improper as to reason. Change reason to
                        under                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to
                               .
         ( )      Inequitable as to reason. Change reason to
                      
                  under
                                 .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to
                     under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE


PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MRS. WADE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number: 1999027946 INDEX NUMBERS: A9217
Date of Review: 990728 A0113
Character of Service: HD A9445
Date of Discharge: 970218
Authority: AR 635-200 C15
Reason: A5900
Results of Board Action/
Vote/Affirmation: NC 5-0 A















PART IX - VOTING RECORD



Name  Reason Characterization
CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    

2.      Mbr      X          X    

3.      Mbr      X          X    

4.      Mbr      X          X    

5.      PO      X          X    





Similar Decisions

  • ARMY | DRB | CY2004 | AR2004100703

    Original file (AR2004100703.doc) Auto-classification: Denied

    On 21 July 2000, the applicant was discharged. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S....

  • ARMY | DRB | CY2002 | 2002078071

    Original file (2002078071.TXT) Auto-classification: Denied

    The separation authority directed that the applicant be discharged with a characterization of service of uncharacterized. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 020820. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: SPURGEON A....

  • ARMY | DRB | CY2003 | 2003088086

    Original file (2003088086.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board and did not submit a statement in her own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S....

  • ARMY | DRB | CY2002 | 2002078211

    Original file (2002078211.TXT) Auto-classification: Denied

    On 21 May 2001, the separation authority directed that the applicant be discharged with a characterization of service of uncharacterized. On 24 May 2001, the applicant was discharged. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S....

  • ARMY | DRB | CY2004 | AR20040001377

    Original file (AR20040001377.doc) Auto-classification: Approved

    Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 14 January 2005 The Army Discharge Review...

  • ARMY | DRB | CY2003 | AR2003093821

    Original file (AR2003093821.doc) Auto-classification: Denied

    Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. On 28 August 2000, the separation authority directed that the applicant be discharged with service uncharacterized. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2000 | 2000047448

    Original file (2000047448.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administration separation board and did not submit a statement in her own behalf. The evidence of record shows that the applicant was properly and equitably discharged under the provisions of Chapter 15, AR 635-200, by reason of self admitted homosexuality with an honorable characterization of service and the appropriate reenlistment eligibility code. PART...

  • ARMY | DRB | CY2003 | AR2003097154

    Original file (AR2003097154.doc) Auto-classification: Denied

    The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, AR 635- 200, by reason of homosexual admission, with an honorable discharge. On undated, the separation authority directed that the applicant be discharged with a characterization of service of honorable. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2003 | 2003090545

    Original file (2003090545.rtf) Auto-classification: Denied

    On 29 March 2000, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000044951

    Original file (2000044951.rtf) Auto-classification: Approved

    The evidence of record shows that the applicant was properly discharge under the provisions of Chapter 15, AR 635-200 due to her self-admission of homosexuality/bisexuality with a general, under honorable conditions characterization of service. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. SECTION B - CERTIFICATION Approval Authority:WILSON A. SHATZER Colonel, U.S. Army President, Army Discharge Review Board