Application Receipt Date: 060608	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting document.

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: 970901
Discharge Received:     Date: 971003   
Chapter: 15    AR: 635-200
Reason: Homosexual Act
RE:     SPD: JRA
Unit/Location: D Battery, 2d Battalion, 80th Field Artillery, US Army Field Artillery Training Center, Fort Sill, OK 

Time Lost: Absent without leave 3 days 970815-970818, applicant surrendered to military authority.

Article 15s (Charges/Dates/Punishment): 970827/Disobeying a lawful order on 970921/Company Grade

2nd Article 15: 970928/Absent without leave 970815-970818/Field Grade

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  780714  
Current ENL Date: 970604    Current ENL Term: 03 Years  ?????
Current ENL Service: 00 Yrs, 03Mos, 26Days ?????
Total Service:  00 Yrs, 03Mos, 26Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes    No 
MOS: None   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
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 27 August 1997, the applicant voluntarily submitted a statement admitting that he was homosexual and that he was currently in a relationship with another male.  On 1 September 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, AR 635-200, by reason of homosexual conduct, with an uncharacterized discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, 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 an uncharacterized discharge.  On 24 September 1997, the separation authority directed that the applicant be discharged with a characterization of service of uncharacterized.  

      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 635-200 also provides, except in cases of serious misconduct, that a soldier’s service will be uncharacterized when his separation is initiated while the soldier is in entry-level status.  
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's characterization of service.  The analyst carefully examined the applicant’s record of service during the period of enlistment under review.  The evidence of record shows that the applicant voluntarily submitted a statement to his commanding officer that he was homosexual.  In view of the foregoing his commanding officer initiated the applicant’s separation under the provisions of Chapter 15, AR 635-200, by reason of homosexual conduct with service uncharacterized.  Subsequently, the separation authority properly approved the applicant's discharge as 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.  Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  A general discharge is not authorized under entry level status conditions.  The analyst determined the applicant was appropriately assigned an RE code of 4, which indicates that the applicant was separated from his last period of service with a nonwaivable disqualifier and that he is ineligible for reenlistment.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommend the Board vote to deny relief in this case.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 April 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 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 discharge was both proper and equitable and voted not to change it.
























Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


MARY E. SHAW				DATE: 4 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008190

Applicant Name:  Mr.        
______________________________________________________________________


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