Search Decisions

Decision Text

ARMY | DRB | CY2000 | 2000041477
Original file (2000041477.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 940715

3. Authority for separation:

         a. Regulation: Chapter 15, AR 635-200

          b. Reason: Homosexual Admission
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            AAM
a. Period entered for: 3 Years NDSM
b. Entry date: 930209 ASR
c. Age: 19 Years DOB: 730405
d. Educational level: GED
e. Aptitude area score:
          GT: 99 3. Highest grade achieved:
f. Length of Service: E4
1 Year(s) 5 Month(s) 7 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. The evidence of record shows that on 20 June 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, AR 635-200 by reason of homosexuality, with an honorable discharge. He was advised of his rights. The applicant acknowledged notification, waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority. The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge. On 21 June 1994, the separation authority directed that the applicant be discharged with an honorable discharge.

         b. On 15 July 1994, the applicant was discharged. He was credited with
1 year, 5 months, and 7 days active service on the enlistment under review.

         c. The unit commander recommended the applicant be discharged from the Army due to his admission to being a homosexual and having engaged in homosexual acts while in the military.

 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 000421.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 000117.

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 17 May 2000

         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 applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

          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:

 (1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review and his performance and conduct. By the evidence of record the applicant openly admitted to engaging in homosexual activities while a member of the military service and discharge proceedings were properly initiated under the provisions of Chapter 15, AR 635-200. At the time of his separation, the applicant identified himself to competent mental health authorities as a homosexual, waived counsel in the discharge proceedings and made no statements in response. The applicant now states that his admission to engaging in homosexual activity was not true, and that he wants a change in his narrative reason to something more appropriate. After a careful review of the record, the Board concluded that the applicant’s narrative reason for separation was appropriate. 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 not to change it.


 3. Response(s) to item(s) not addressed as decisional issue(s):

The Board noted the letters/documents submitted with this application. However, these documents contain no issues or other matters that would provide the Board a basis upon which to grant relief.
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:


WILSON A. SHATZER
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




EARNEST C. SMITH, JR.
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: 2000041477 INDEX NUMBERS: A9217
Date of Review: 000517 A0100
Character of Service: HD A9455
Date of Discharge: 940715
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 | CY2000 | 2000047768

    Original file (2000047768.rtf) Auto-classification: Denied

    The applicant consulted with legal counsel was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general discharge and submitted a statement in his own behalf. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2003 | 2003090145

    Original file (2003090145.rtf) Auto-classification: Approved

    On 21 December 1988, the separation authority directed that the applicant be discharged with a characterization of service of honorable. Regulations currently in effect list the reason for the applicant’s discharge as “Homosexual Act.” Accordingly, the Board voted to grant partial relief by changing the narrative reason on the DD Form 214 to “Homosexual Act.” (1-4) The issues are rejected. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2004 | AR20040003382

    Original file (AR20040003382.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. Therefore, the Board will not change the applicant’s narrative reason for separation to that approved. 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 | 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 | AR2003094115

    Original file (AR2003094115.doc) Auto-classification: Denied

    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. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART...

  • ARMY | DRB | CY1999 | 1999022075

    Original file (1999022075.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999022075 INDEX NUMBERS: A9421 Date of Review: 990405 A0100 Character...

  • ARMY | DRB | CY2003 | AR2003098563

    Original file (AR2003098563.doc) Auto-classification: Denied

    The applicant waived his right to legal counsel and an administrative separation board, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 8 August 2000, 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...

  • ARMY | DRB | CY2000 | 2000047820

    Original file (2000047820.rtf) Auto-classification: Approved

    Evidence of record shows that on 4 March 1986, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l5, AR 635-200, by reason of admission of homosexuality, with a general, under honorable conditions discharge. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003088094

    Original file (2003088094.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker 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 -...

  • 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...