Applicant Name: ?????

Application Receipt Date: 070928	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 submitted by the Applicant

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: 070219
Discharge Received:     Date: 070323   
Chapter: 15-3B    AR: 635-200
Reason: Homosexual Conduct (Admission)
RE:     SPD: JRB
Unit/Location: G Battery, 210th Bde Support Bn, FOB Mahmudiyah, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061229, duty dereliction while in Iraq by  failure to keep proper accountability of her assigned M4 Carbine Rifle (061229), disobeyed command Policy Letter #14 by having mouth-to-mouth contact with local nationals 060930), negligently failed to be in proper uniform for guard duty (060930), with intent to deceive made a false official statement to a CPT (061222), reduction to 
E-1; forfeiture of $700 x2 (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8707  
HOR City, State: East Peoria, IL
Current ENL Date: 050607    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 9Mos, 17Days ?????
Total Service:  1 Yrs, 9Mos, 17Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 25U10 Sig Supt Sys Spec   GT: 84   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060813-070312)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 19 February 2007, 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 a general, under honorable conditions discharge.  The applicant admitted to her company commander in a sworn statement that she was a homosexual and had engaged or had the propensity to engage in homosexual/bisexual acts, that she had a romantic relationship with her best friend, a female, and that she was in love with her.  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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 22 February 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
      
      The record contains a commander's inquiry dated 23 January 2007. 

      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 issue and document she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  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.   Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 080813              
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. 

								        
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: 


CHRISTINE U. MARTINSON			DATE: 080813
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013378
______________________________________________________________________


Page 1 of 4 pages