DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                                11 March 2005


Office of the President



      After careful review of your application, military records and all
other available evidence, the Army Discharge Review Board determined that
you were properly and equitably discharged.  Accordingly, your request for
a change in the character and/or reason of your discharge is denied.

      You have now exhausted your appeals with the Army Discharge Review
Board.  You may request a reconsideration only if you have new, substantial
and relevant evidence to present which was not readily available during
this review.  If not, your recourse is to apply to the Army Board for
Correction of Military Records.  An application for correction of your
military record, DD Form 149, is enclosed.  Send the completed and signed
DD Form 149 to:  ARBA Support Division, Attention:  SFMR-RBR-SL 9700 Page
Avenue, St. Louis, Missouri 63132-5200.  You must submit this form within
three years from the date of this letter.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that Directive.  The complaint
procedure does not permit you to challenge the merits of the decision, but
is designed solely to ensure that the decisional document meets applicable
requirements for clarity and responsiveness.  You may obtain a copy of DoD
Directive 1332.28 by writing to:  Army Review Boards Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.

                                  Sincerely,



                                  Robert L. House
                                  Colonel, U.S. Army
                                  President

Enclosure

                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:       ADDRESS:


      PHONE:





COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

(   )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         PART II - APPLICATION DATA

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

1.  Character of Discharge:  Uncharacterized

2.  Date of discharge (or REFRAD):  040126

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:
                                           NONE
    a.  Period entered for:  4 Years
    b.  Entry date:  031108
    c.  Age:  27 Years   DOB:  760823
    d.  Educational level:  14 Years
    e.  Aptitude area score:
          GT:  118                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          0 Years  2 Months  21 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
                                    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 21 November 2003, 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 6 January 2004, 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 service
uncharacterized.  He was advised of his rights.  The applicant waived his
right to consult with legal counsel, was advised of the impact of the
discharge action, and did not submit a statement in his own behalf.  He was
also entitled to have his case considered by an administrative separation
board.  However, he voluntarily waived a board.  The unit commander
subsequently recommended separation with service uncharacterized.  The
intermediate commander reviewed the proposed discharge action and
recommended separation with service uncharacterized.  On 13 January 2004,
the proper legal authority reviewed the proposed separation action and
found it to be legally sufficient.  On 14 January 2004, the separation
authority directed that the applicant be discharged with service
uncharacterized.

      b.  On 26 January 2004, the applicant was discharged.  At the time of
discharge, the applicant had completed 2 months and 21 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.
The type of discharge will reflect the character of the soldier’s overall
record of service.  The service of soldiers in an entry-level status will
be uncharacterized.  A soldier is in an entry-level status if the soldier
has not completed more than 180 days of creditable continuous active duty
prior to the initiation of separation action.


                      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 041005, with three (3) 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:
         (   ) Records review             ( X ) Hearing

      b. Type Held:
         (   )Records review              ( X ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, DC on 7 March 2005.

      d. Appearance by:
         Applicant                 ( X ) Yes   (   ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     ( X ) Yes   (   ) 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 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 heard his testimony.  The evidence of record shows that the applicant
admitted to homosexual conduct and tendencies.  Based on the applicant’s
admission, the Board determined that the discharge proceedings were
properly initiated under the provisions of Chapter 15, AR 635-200.  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 applicant’s service was uncharacterized because he
was in entry-level status, i.e., less than 180 days of continuous active
duty.  An uncharacterized discharge means that an individual has served for
less than l80 days at the time his or her commander initiated separation
action.  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 Board determined that no such
unusual circumstances were present in the applicant’s record and his
service did not warrant an honorable discharge.  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       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

                          
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:  20040008925                   INDEX NUMBERS:  A9217
Date of Review:  050307                                   A9455
Character of Service:  EL                                 A0101
Date of Discharge:  040126
Authority:  AR 635-200 C15
Reason:  A4600
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