Applicant Name:  

Application Receipt Date: 2008/08/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "I was discharged from the Mississippi National guard while in basic training for chapter 15, paragraph 15-3b, AR 635-200, (homosexual conduct. I feel that my discharge should be changed where that it allows me to reenlist into the united states military, because I was never caught in the act of any homosexual conduct. My addmission was based souly on person family issues at home. This was the only way I felt I could return home to help attend to the family issues. This was a young and dumb decesion on my part".

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 030512   Chapter: 8-26h    AR: NGR 600-200
Reason: Homosexuality	   RE:     SPD: NIF   Unit/Location: HHC, 2D BN 198th Armor, Senatobia, MS 

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:  23
Current ENL Date: 030310    Current ENL Term: 3 Years  ?????
Current ENL Service: 	0 Yrs, 02Mos, 03Days ?????
Total Service:  		0 Yrs, 02Mos, 03Days ?????
Previous Discharges: 	None
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Coldwater, MS
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s discharge from the State of Mississippi  Army National Guard and as a Reserve of the Army are not contained in the available records.  However, the record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  It indicates that the applicant was discharged under the provisions of Paragraph 8-26h, NGR 600-200, by reason of homosexuality, with service uncharacterized and a Reenlistment Eligibility (RE) Code of RE "4."  Evidence of record shows that on 2 June 2003, Military Department, The Adjutant General's Office, Jackson, Mississippi, 39296-5027 discharged the applicant from the Army National Guard and as a Reserve of the Army, effective:  12 May 2003, with service uncharacterized.

       b.  Legal Basis for Separation:  
       National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures for the administrative separation of enlisted personnel of the Army National Guard and Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard and as a Reserve of the Army.  NGR 600-200 policy states that the service of personnel separated under the provisions of Paragraph 8-26h, NGR 600-200, may receive an uncharacterized discharge.  For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR.  For Soldiers ordered to IADT for one continious period, it terminates 180 days after beginning training.  For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (IADT).  (Soldiers completing Phase I of BT or basic combat training (BCT) remain in entry-level status 90 days after beginning Phase II.)   

       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, and the issue he submitted with his application, the analyst recommend to deny relief in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the State of Mississippi,  Army National Guard and as a Reserve of the Army.  However, the available records does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which the applicant was unavailable for signature.  This document identifies the reason and characterization of the discharge 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(h), NGR 600-200, by reason of homosexuality, with service uncharacterized.  In the absence of corroborated 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.  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 May 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 AR20080012279
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