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):  000816

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:
                                           NGCMDL
    a.  Period entered for:  4 Years               NDSM
    b.  Entry date:  990104                        ASR
    c.  Age:  23 Years   DOB:  750707              N/MCOSR(2nd Awd)


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  118                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          1 Year(s)  7 Month(s)  13 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


Other discharge(s):

      Service    From  To    Type Discharge
      USAR  921223     930915     NA
      USN   930916     970807     Honorable
      USAR  970808     990103     Honorable





                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 28 July 2000, the applicant
requested administrative separation after admitting that he was homosexual
and that he had a natural propensity to engage in sexual activity with
members of the same sex.  On 31 July 2000, 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.  He was advised of his rights.  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.  The unit commander subsequently recommended
separation from the service.  On 3 August 2000, the intermediate commander
non-concurred with the proposed discharge action and recommended a
Commander’s Inquiry to prior to further processing of the discharge action.
 On 8 August 2000, the separation authority directed that the applicant be
discharged with a characterization of service of honorable.

      b.  On 16 August 2000, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 7 months, and 13 days of
active military service in the period under review and had a total of 6
years and
11 days of active military service.

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 031009.
      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 21 July
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:  (   ) 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.
 The Board noted that the applicant voluntarily admitted to being a
homosexual with the proclivity to engage in homosexual activities and
discharge proceedings were properly initiated under the provisions of
Chapter 15, AR 635-200.  The Board noted the applicant’s contentions;
however, the official record does not support the applicant’s contentions
and the Board determined that his contentions were not sufficiently
mitigating to warrant a change in his reason for discharge.  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 determined that the applicant was appropriately
assigned an RE code of 4, which indicates that the applicant was separated
from his last period of service with a disqualification which cannot be
waived and he is ineligible for reenlistment.  The Board, being convinced
that the reason for discharge and the characterization of service were both
proper and equitable, voted to deny relief.

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       2         3

        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
                  1901 South Bell Street, 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:  2003098563                    INDEX NUMBERS:  A9307
Date of Review:  040721                                   A9456
Character of Service:  HD                                 A0113
Date of Discharge:  000816
Authority:  AR 635-200 C15
Reason:  A4600
Results of Board Action/
Vote/Affirmation:  NC 3-2 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1.      Mbr          X                 X       

    2. COL FLETCHER, ANN G.  Mbr    X                       X       

    3.      Mbr          X                 X       

    4.      Mbr    X                       X       

    5.      PO           X                 X