DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                               28 October 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 may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records.  Enclosed are the necessary applications for requesting a
review from both boards.  If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.

      Be advised that the Army Discharge Review Board operates on a 15-year
statute of limitations from the date of discharge; therefore, you must
reapply within this time frame for a hearing.

      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 Board 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:


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):  041118

3.  Authority for separation:

      a.  Regulation:  Chapter 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:  040928
    c.  Age:  18 Years   DOB:  860816


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  NIF                               3.  Highest grade
achieved:
    f.  Length of Service:                         E2
          0 Year(s)  1 Month  21 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
                                    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 26 October 2004, the applicant
requested administrative separation after admitting that she was homosexual
and that she had a natural propensity to engage in sexual activity with
members of the same sex.  On 9 November 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 an
uncharacterized discharge.  She was advised of her rights.  The applicant
waived her right to consult with legal counsel, was advised of the impact
of the discharge action, waived her right to appear before an
administrative separation board, and did not submit a statement in her 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 service
uncharacterized.  On 15 November 2004, the separation authority directed
that the applicant be discharged with service uncharacterized.

      b.  On 18 November 2004, the applicant was discharged.  At the time
of discharge, the applicant had completed 1 month 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.
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 050223, with three (3) enclosure(s).
      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 26 October
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:  ( 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 reviewed the
applicant’s record of service during the period of enlistment under review.
   The Board noted that the applicant admitted to homosexual/bisexual
tendencies and the unit commander properly initiated discharge proceedings
under the provisions of Chapter 15, AR 635-200.  At the time of her
declaration, the applicant indicated that she was making it of her own free
will and that she understood that her discharge information would be placed
in her permanent military records.  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
separation authority approved the applicant's discharge while the applicant
was in entry-level status, with the description of service as
uncharacterized.  A soldier is in entry-level status for the first 180 days
of continuous active duty.  An uncharacterized separation denotes only that
the individual had less than l80 days on active duty.  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 her service did
not warrant an honorable discharge.  The Board determined that the
applicant was appropriately assigned an RE code of 4, which indicates that
the applicant was separated from her last period of service with a
disqualification which cannot be waived and she 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       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:




ESMERALDA G. PROCTOR
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:  20050003241                   INDEX NUMBERS:  A9217
Date of Review:  051026                                   A9455
Character of Service:  EL                                 A0101
Date of Discharge:  040938
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. COL SILVER, EARL M.   Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X