Application Receipt Date: 061208	

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: 050110
Discharge Received:     Date: 050309   
Chapter: 15    AR: 635-200
Reason: Homosexual Act
RE:     SPD: JRA
Unit/Location: C Company, 704th Military Police Battalion, Fort Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040422/Wrongfully exposed in an indecent manner to public view her breasts and wrongfully committed an indecent act with another Solder by provocatively dancing in a sexually suggestive manner on his lap while naked on or about (040320)/(Field Grade) 

(Summarized Article 15)/041220/Disobeying a lawful order from a noncommission officer (SGT) on or about 041122, and failing to go at the time prescribed to her appointed place of duty on or about (041004) and (041120).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  841129  
Current ENL Date: 030710    Current ENL Term: 03 Years  ?????
Current ENL Service: 01 Yrs, 08Mos, 00Days ?????
Total Service:  01 Yrs, 08Mos, 00Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 92G10 (Food Service Specialist)   GT: 96   EDU: NIF   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 23 November 2004, the applicant admitted in a sworn statement to her company commander that she was homosexual and that she could not handle the conflict of her lifestyle and career as a Soldier.  On 10 January 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 conduct, with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant waived 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 and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with an general, under honorable conditions discharge.  On 25 January 2005, 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 Soldier’s overall record of service.

      c.  Response to Issues, Recommendation and Rationale:  
      After carefully examining the applicant’s military record of service during the period of enlistment under review and the independent evidence she submitted, the analyst recommends that relief be denied in this case.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The analyst noted that the applicant engaged in a homosexual act while a member of the military service and discharge proceedings were properly initiated under the provisions of Chapter 15, AR 635-200.  The applicant, as a Soldier, had the duty to support and abide by the Army’s policies on homosexuality and or homosexual activity.  By engaging in a homosexual act, the applicant knowingly risked a military career and diminished the quality of her service below that meriting a fully honorable discharge.  The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 13 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 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: 25 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016811

Applicant Name:  Ms        
______________________________________________________________________


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