Application Receipt Date: 060426
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: 959719
Discharge Received: Date: 950803
Chapter: 15 AR: 635-200
Reason: Homosexual Admission
RE: SPD: JRB
Unit/Location: A Company, 3-327th Infantry Regiment, Fort Campbell, KY 42223-5000
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 750921
Current ENL Date: 950425 Current ENL Term: 3 Years ?????
Current ENL Service: 0 Yrs, 3 Mos, 9 Days ?????
Total Service: 2 Yrs, 4 Mos, 13Days ?????
Previous Discharges: USAR-930323-940613/NA
ADT-940614-940805/HD
USAR-940806-950424/NA
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 125 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, 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 the applicant requested administrative separation after admitting that he was bisexual and that he intends to engage in future bisexual acts. On 19 July 1995, 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 (you made written sworn statements that he was bisexual and intend to engage in future bisexual acts), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 27 July 1995, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
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 soldiers overall record of service.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. There was a full consideration of all faithful and honorable service as well as his self-admitted homosexual conduct in his statements. Notwithstanding the propriety of the applicants discharge for having engaged in homosexual act(s), the analyst determined that the characterization of service is now inequitable. The analyst found that the length and quality of the applicant's service and the time that has elapsed since his discharge mitigated the discrediting entry in his service record. However, the analyst determined that the reason for discharge was fully supported by the record.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 28 February 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
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 No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is now inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Mr. Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 9 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006022
Applicant Name: Mr.
______________________________________________________________________
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