Application Receipt Date: 2006/10/19	

Prior Review    Prior Review Date: None

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

Issues: See 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: 04/01/06
Discharge Received:     Date: 04/01/23   
Chapter: 15 Para 15-3B    AR: 635-200
Reason: Homosexual Admission
RE:     SPD: JRB
Unit/Location: 82 Chemical Battalion, 3rd Chemical Brigade 451 Colorado Ave Fort Leonard Wood, Missouri 65473-8834 

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:  84/05/26  
Current ENL Date: 03/11/20    Current ENL Term: 3 Years       
Current ENL Service: 0 Yrs, 02Mos, 04Days      
Total Service:  0 Yrs, 02Mos, 04Days , includes 11 days of excess leave (031223-040102)
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: None   GT: 99   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 06 January 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.  The applicant admitted to her company commander in a sworn statement that she was a homosexual and had engaged in homosexual/bisexual acts.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service.  On 23 January 2004, 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.  The 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, the issues and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst noted that the applicant was in an entry level status at the time the unit commander initiated separation action under the provisions of Chapter 15, AR 635-200 by reason of homosexual admission with an uncharactertized separation of service.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the soldier a probationary period.  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.  Furthermore, for Soldiers in entry-level status, 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.  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. The analyst determined that no such unusual circumstances were present in the applicant's record and her service did not warrant an honorable discharge.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 071205              
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 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 applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief. 

Case report reviewed and verified by: Earl Silver, 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: None

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 

CHRISTINE U. MARTINSON			DATE: 071207
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014800

Applicant Name:  Ms.        
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