Application Receipt Date: 060215

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See DD Form 293.

II.  Were Proper Discharge and Separation Authority procedures followed?
Yes    No        Tender Offer:        

See Attachments:  Legal     Medical     Minority Opinion     Exhibits

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 050418
Discharge Received:     Date: 050501
Chapter: 15    AR: 635-200
Reason: Homosexual Admission
RE:     SPD: JRB
Unit/Location:

Time Lost: None

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

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  850319
Current ENL Date: 040128    Current ENL Term: 5 Years       
Current ENL Service: 01  Yrs, 03 Mos, 04 Days      
Total Service:  01  Yrs, 03 Mos, 04 Days      
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No
MOS: 31B10 Military Police   GT: 102   EDU: HS Grad   Overseas: None
Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 18 April 2005, 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
(she engaged in, attempted to engage in, or solicited another person to
engage in homosexual act or acts.  On 21 March 2005, a commander's inquiry
was conducted and further determined that she was a homosexual and display
homosexual acts in the barracks.  She also admitted in statement to her
unit commander that she was a homosexual and did not realize it until she
was in the Army), with an honorable discharge.  She was advised of her
rights.  The applicant consulted with legal counsel, was advised of the
impact of the discharge action, and voluntarily waived consideration of her
case by an administartive separation board and did not submit a statement
in her own behalf.  The unit commander subsequently recommended separation
from the service and waiver of further rehabilitative efforts.  On 19 April
2005, the separation authority waived further rehabilitative efforts and
directed that the applicant be discharged with an honorable
characterization of service.

      b.  Legal Basis for Separation:
      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.

      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 and the issue she submitted, the
analyst finds no mitigating factors that would merit a change to the
narrative reason for discharge on the applicant's DD Form 214.  The analyst
noted that the applicant admitted to her unit commander in a statement that
she was a homosexual, but did not realize it until she was already in the
Army, and the unit commander properly initiated discharge proceedings under
the provisions of Chapter 15, AR 635-200. The analyst found no evidence of
arbitrary or capricious actions by the command.  The analyst was satisfied
that all requirements of law and regulation were met and the rights of the
applicant were fully protected throughout the separation process.
Furthermore, at the time of discharge the applicant was appropriately
assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not
be waived and the applicant is no longer eligible for reenlistment.
       Therefore the narrative reason for discharge remains both proper and
equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 12 June 2007
Location: Atlanta, GA

Did the Applicant Testify?  Yes     No

Counsel: No

Witnesses/Observers: No

Exhibits Submitted: The applicant submitted eight additional pages of
documents in support of her personal appearance hearing.



VIII.  Board Decision
The discharge was:                Proper           Improper
                                             Equitable        Inequitable

The characterization of service was:   Proper            Improper
                                             Equitable        Inequitable

The narrative reasons were:             Equitable        Inequitable

DRB voting record:                 Change 0    No change 0   - Character
                                   Change 0    No change 5   - Reason
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review, hearing her testimony, and considering
the analyst’s recommendation and rationale, the Board determined that the
narrative reason for discharge was both proper and equitable, voted not to
change it.





















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority:

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


MARY E. SHAW                      DATE: 25 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder