Applicant Name:  ?????

Application Receipt Date: 2008/04/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "seeking to upgrade RE Code so I can enlist in the Nebraska National Guard", he submits several documents with his DD Form 293 for the Board's consideration.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 060531   Chapter: 8-26h       AR: NGR 600-200
Reason: Homosexual Conduct	   RE:     SPD: None   Unit/Location: HHD 126th Chem BN (NBC Recon) NE ARNG, Omaha, NE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  42
Current ENL Date: 050805    Current ENL Term: 7 Years  10 months
Current ENL Service: 	0 Yrs, 9Mos, 26Days ?????
Total Service:  		0 Yrs, 9Mos, 26Days ?????
Previous Discharges: 	IADT 050927-060225/HD
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 42A Human Resources Specialist   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
        The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  The record indicates that on 26 May 2006 State of Nebraska Military Department Office of the Adjutant General, Lincoln, Nebraska, Orders 144-193, discharged the applicant from the Army National Guard, effective 31 May 2006, with an honorable conditions discharge and assigned him to the USAR Control Group (Reinforcement), St Louis, Missouri to complete his statutory obligation.  The record contains a properly constituted NGB Form 22 (Report of Separation and Record of Service).  It indicates that the applicant was discharged under the provisions of Paragraph 8-26h, NGR 600-200, by reason of homosexual conduct, with a characterization of service of honorable conditions, and a reenlistment eligibility (RE) code of "4."
       
        

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel management of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard.  Paragraph 8-26(h) of that regulation provides in pertinent part that individuals can be separated for homosexual conduct.   Army policy states that an honorable conditions discharge is normally considered appropriate, however, a general discharge under honorable conditions or an honorable discharge may be granted.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records for the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason of the applicant's discharge.  The applicant was discharged under the provisions of Chapter 8, Paragraph 8-26(h), NGR 600-200.  The narrative reason specified by National Guard Regulations for a discharge under this paragraph is "Homosexual Conduct", with a corresponding reentry code of “RE-4”.   NGR Regulation 600-200, governs  preparation of the NGB Form 22 and dictates that entry of the narrative reason for separation, entered in block 23, and the RE Code entered in block 26, will be entered exactly as established in NGR 600-200.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Nebraska Army National Guard and as a Reserve of the Army.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which indicates that the applicant was unavailable for signature.  This document identifies the reason and characterization of the service and the analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 8, paragraph 8-26, NGR 600-200, by reason of homosexual conduct with a characterization of service of honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 13 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007057
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