PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: General, Under Honorable Conditions
2. Date of discharge (or REFRAD): 910429
3. Authority for separation:
a. Regulation: Chapter 15, AR 635-200
b. Reason: Admission of Homosexuality/Bisexuality
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
ASR
a. Period entered for: 2 Years NDSM
b. Entry date: 900413
c. Age: 19 Years DOB: 700921
d. Educational level: HS Grad
e. Aptitude area score:
GT: 123 3. Highest grade
achieved:
f. Length of Service: E2
1 Year(s) 0 Month(s) 17 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:
Date Offense(s)
910321 Falsely pretend to own an AT&T card belonging to PV2 and
using it to make telephone calls in the amount of $1150
(Field Grade);
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: The official record contains a CID Investigation dated
(910220).
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 4 February 1991, the applicant
requested administrative separation after admitting that he was bisexual
and that he had a natural propensity to engage in sexual activity with
members of the same sex. On 5 March 1991, 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 a general,
under honorable conditions discharge. He was advised of his rights. The
applicant waived his right to 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 separation from the service.
The intermediate commander reviewed the proposed discharge action and
recommended approval of the separation action with a general, under
honorable conditions discharge. On 8 April 1991, the separation authority
directed that the applicant be discharged with a characterization of
service of general, under honorable conditions.
b. On 29 April 1991, the applicant was discharged. At the time of
discharge, the applicant had completed 1 year and 17 days of active
military service in the period under review.
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 030911.
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, D.C. on 3 June
2004.
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: ( X ) 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 Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as the infraction of discipline, the extent thereof, and the
seriousness of the offense. The Board noted that the applicant admitted to
homosexual tendencies and the unit commander properly initiated discharge
proceedings under the provisions of Chapter 15, AR 635-200. The Board
also noted that the applicant’s type of discharge was based on his overall
character of service as stipulated by Army regulation. The applicant’s
command determined that his misconduct associated with falsely using
another soldier’s credit card to make $1150 worth of telephone calls
diminished the quality of his service below that meriting an honorable
discharge. The Board found no evidence of arbitrary or capricious actions
by the command. The Board was satisfied that all requirements of law and
regulation were met and the rights of the applicant were fully protected
throughout the separation process. The Board, being convinced that the
reason for discharge and the characterization of service were 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. See response to issue (1), above.
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 1 4
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
Ms. McKim-Spilker
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
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: 2003096247 INDEX NUMBERS: A0101
Date of Review: 040603 A9217
Character of Service: GD A9221
Date of Discharge: 910429
Authority: AR 635-200 C15
Reason: A4600
Results of Board Action/
Vote/Affirmation: NC 4-1 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
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