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):  020206

3.  Authority for separation:

      a.  Regulation:  Chapter 15, Paragraph 15-3b, 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:
                                           ARCOM      OSR
    a.  Period entered for:  4 Years               AAM
    b.  Entry date:  000726                        GCMDL
    c.  Age:  20 Years   DOB:  790911              HSM
    d.  Educational level:  HS Grad                ASR
    e.  Aptitude area score:
          GT:  98                                3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          1 Year  6 Months  11 Days

                                               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
      RA    970514     000725     Honorable




                         PART IV - PREHEARING REVIEW

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

      a.  Evidence of record shows that on 8 August 2001, the applicant, in
a signed sworn statement, admitted that he had and always would have the
desire to engage in homosexual activities regardless of military policies.
He also expressed that he could no longer suppress his feelings and alter
his life.  On 14 September 2001, the unit commander notified the applicant
of initiation of separation action under the provisions of Chapter l5, AR
635-200, by reason of homosexual admission, with an honorable discharge.
He was advised of his rights.  On 6 November 2001, the applicant consulted
with legal counsel, was advised of the impact of the discharge action, and
submitted a statement in his own behalf.  In his statement he requested to
continue to serve in the Army.  He was also entitled to have his case heard
by an administrative separation board, which he elected to do.  The unit
and interim commander subsequently recommended separation with an honorable
discharge.  On 11 December 2001, the applicant acknowledged receipt of the
notification to appear before an administrative separation board.  On 4
January 2002, an administrative separation board conducted the proceedings
in the applicant’s case.  The applicant was present with his defense
counsel.  Based on its findings, the Board recommended separation with a
characterization of service of honorable.  On 23 January 2002, the proper
legal authority reviewed the Board proceedings and found it to be legally
sufficient.  On 26 January 2002, the separation authority approved the
Board’s findings and recommendations.  The separation authority directed
the discharge of the applicant with a characterization of service of
honorable.

      b.  On 6 February 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 6 months, and 11 days of
active military service in the period under review.  He had a total of 4
years, 8 months, and 23 days of total 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 040615, with multiple enclosures.
      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 9 February
2005.

      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 Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The Board noted the applicant’s contentions; however, determined that his
contentions were without merit.  The evidence of record shows that the
applicant, in a signed sworn statement, admitted that he had and always
would have the desire to engage in homosexual activities regardless of
military policies.  He also expressed that he could no longer suppress his
feelings and alter his life.  In view of the foregoing statement, the
applicant’s unit commander appropriately notified the applicant of
initiation of separation action under the provisions of Chapter l5, AR 635-
200, by reason of homosexual admission, with issuance of an honorable
characterization of service.  The applicant was advised of his rights.  The
applicant consulted with legal counsel, was advised of the impact of the
discharge action, and submitted a statement in his own behalf.  In his
statement he requested to continue to serve in the Army and elected to have
his case heard by an administrative separation board.  Subsequently, the
applicant, accompanied by his counsel, appeared before an administrative
separation board.  Based on its findings, the Board recommended separation
under the provisions of Chapter 15, AR 635-200, by reason of homosexuality
with a characterization of service of honorable.  The proper legal
authority reviewed the Board proceedings and findings and found them to be
legally sufficient.  The separation authority approved the Board’s findings
and recommendations and directed that the applicant be discharged with a
characterization of service of honorable.  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.  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 applicant has not submitted an issue of equity
                   and the ADRB has not otherwise relied upon an issue of
                   equity to change the discharge.  The major factors upon
                   which the discharge was based are set forth in Parts III
                   and IV of this decisional document.

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
                  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

                          
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
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:  20040003252                   INDEX NUMBERS:  A0113
Date of Review:  050209                                   A0101
Character of Service:  HD                                 A9500
Date of Discharge:  020206
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