Applicant Name:  ?????

Application Receipt Date: 2011/08/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states,"I was complaint (sic) with all of my orders, completed all the necessary training and fulfilled all of the requirements asked of me during basic training.  I did not feel that admitting to being gay in a casual conversation was going to be the end of my short career.  Furthermore, I am more than eager to serve my country and I do not feel that being asked to hold hands with a male counterpart in order to disguise my sexuality was appropriate. All I want to do is serve in our nations military and do the job that I swore I would do.  It is a battle I have been fighting for several years and all I did was admit it.  I am desperate for some kind of justice to this situation."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 040426
Discharge Received: 			   Date: 040505   Chapter: 15-3b       AR: 635-200
Reason: Homosexual Admission	   RE:     SPD: JRB   Unit/Location: A Co, 3-10th IN Bn, Fort Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 040312    Current ENL Term: 03 Years  ?????
Current ENL Service: 	00  Yrs, 01 Mos, 24 Days ?????
Total Service:  		00  Yrs, 01 Mos, 24 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 101   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  North Richland Hills, Texas   
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 26 April 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission with an uncharacterized discharge.  The applicant admitted to her company commander in a sworn statement that she was a homosexual and had engaged or had the propensity to continue to engage in homosexual conduct.  She was advised of her rights.  
       
       
       On 26 April 2004, the applicant waived legal counsel, was advised of the impact of the discharge action, and  did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge.
       
       On 26 April 2004, the separation authority directed the applicant’s discharge with service as uncharacterized. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 15 of that regulation stated that active homosexuality was incompatible with military service and provided, in pertinent part, for the separation of members who actively engaged in homosexual conduct or who, by their statements, demonstrated a tendency to engage in homosexual conduct.  The Army Regulation stated that when the sole basis for separation was homosexuality, a discharge under other than honorable conditions may be issued only if such characterization was warranted in accordance with Chapter 3, Section III, and if there was 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 where no aggravating factors are present, the type of discharge would reflect the character of the Soldier’s overall record of service.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst determined that the narrative reason for the applicant’s separation is now inequitable based on the current standard.
       
       The evidence of record shows that the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, in effect at the time, by reason of homosexual admission.  The analyst further noted that the applicant was in entry level status, had completed 01 month and 24 days of Service and her record does not contain any derogatory information.
       
       Current law and regulations now allow Soldiers who are homosexual to serve openly.  Former Soldiers that were discharged under the old policy may request a change to the reason for their separation invoking the current standard.  The Board considers any aggravating factors and in their absence, will change the narrative reason for the discharge to Secretarial Authority.  The applicant’s record does not indicate the presence of any aggravating factors.  
       
       In view of the foregoing, the analyst recommends to the Board to grant partial relief and change the narrative reason for discharge to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.”
       
       The applicant further requested an upgrade of her discharge to fully honorable.  A Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200, also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when her separation is initiated while the Soldier is in entry level status.  
       
       A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and the applicant's service did not warrant an honorable discharge.
       
       The applicant also desires to serve her nation's miltary.  If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time.
       
       Therefore, the analyst determined the characterization of service was both proper and equitable and recommends to the Board to deny relief.
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 February 2012          Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (110711); Self-Authored Statement, dated (110711); and a Photo Copy of a Texas Driver's License and a Social Security Card.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for the applicant’s discharge is now inequitable based on the current standard.  The evidence of record shows that the applicant was discharged for admitting to being homosexual with service as uncharacterized.  The Board determined there were no aggravating factors as defined in AR 635-200, related to the applicant’s discharge.  

Accordingly, the Board voted to grant partial relief in the form of a change to the narrative reason of the applicant’s discharge to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1."

Furthermore, the Board determined that the characterization of service was both proper and equitable and voted to deny relief.


























      
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Secretarial Authority under Provision of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF” (Involuntary Discharge).
Other: Change the reentry code to "1."
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????
























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110016714
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