Application Receipt Date: 060705
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: 021213
Discharge Received: Date: 021219
Chapter: 15 AR: 635-200
Reason: Homosexual Admission
RE: SPD: JRB
Unit/Location: A Company, 795th Military Police Battalion, Fort Leonard Wood, Mo
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: 841108
Current ENL Date: 021107 Current ENL Term: 05 Years ?????
Current ENL Service: 00 Yrs, 01Mos, 13Days ?????
Total Service: 00 Yrs, 01Mos, 13Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: None GT: 103 EDU: NIF 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 20 November 2002, the applicant admitted in a sworn statement that he was homosexual and had engaged in homosexual/bisexual acts. On 13 December 2002, 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. 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. The separation authority directed that the applicant be discharged with an uncharacterized separation 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 635-200 also provides, except in cases of serious misconduct, that a soldiers 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 applicants 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 applicants record of service during the period of enlistment under review. The evidence of record shows that the applicant voluntarily admitted in a sworn statement that he was homosexual. In view of the foregoing his commanding officer initiated the applicants 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 Soldiers 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: 12 June 2007
Location: Atlanta
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 0 No change 5 - Character
Change 0 No change 5 - 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 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: 25 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009428
Applicant Name: Mr.
______________________________________________________________________
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