Applicant Name:  ?????

Application Receipt Date: 2009/03/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was molested as a child which made me fear men.  Any time I tried to have a physical relationship with a male I got scared. Because of this I thought that I was gay.  I had gone to a guidance counselor in school to discuss my past abuse and my confusion about my sexuality.  During Basic Training we were counseled during "Moment of Truth" that we must disclose anything in our past including going to a guidance counselor for reasons other than educational.  We were told that if anything was found out that we didn't disclose we would be discharged and possibly court marshaled and sent to prison.  I became very upset and wanted to speak with someone such as the Chaplain that would keep our discussion confidential.  I was continuously denied an opportunity to speak with the Chaplain.  I couldn't concentrate on training and was completely breaking down.  After a couple of days of being denied a chance to speak with the Chaplain my Drill Sergeant began yelling at me telling me that I needed to tell him what was wrong.  I kept telling him that I couldn't tell him.  After going back and forth for quite some time I finally gave up and told him that I had gone to my guidance counselor in high school for reasons other than educational.  He asked me why?  I again kept telling him that I could not tell him.  he argument continued until I finally broke down and blurted out "because I thought I was gay."  I was immediately brought in to see the Captain and told that I would be discharged.  I was told to fully cooperate and write a statement that they dictated for me.  I was told that if I tried to fight the discharge or if I did not write what they told me to write in the statement that I could be court marshaled and my eventual discharge would be delayed.  By that point I was so defeated I did what I was told.  I am not a lesbian I was just a very confused kid.  Since that time I have dealt with the sexual abuse and came to realize that I am not gay I was just scared and confused.  I date men and have no desire to be with a woman in a sexual way.  I want to serve my country but am not able to due to my confusion as a child and my niativety during Basic Training to do exactly what I was told, no questions asked.  Not only does my discharge effect me being able to serve my country but it has also followed me in the civilian world.  I have been denied Federal employment and it is an embarrassment to have "Homosexual Admission" on my DD214 for any employer to see especially since I am not a homosexual."

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: 960131
Discharge Received: 			   Date: 960216   Chapter: 15-3b     AR: 635-200
Reason: Homosexual Admission	   RE:     SPD: JRB   Unit/Location: B Co, 795th MP Bn, Ft McClellan, AL  

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:  18
Current ENL Date: 960121/OAD    Current ENL Term: 00 Years  17 Weeks
Current ENL Service: 	00 Yrs, 00Mos, 26Days ?????
Total Service:  		00 Yrs, 02Mos, 27Days block 10a on the NGB Form 22 net service this period is incorrect, it should read 00 Yrs, 02 Mos, 27 Days 
Previous Discharges: 	ARNG-951221-960120/NA
                                      (Concurrent Service)

Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 112   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Willimantic, CT
Post Service Accomplishments: The applicant submitted a document that shows she earned a Bachelor of Arts Degree (History and Social Science), and pursuing a Master's Degree in Criminal Justice.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 January 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, paragraph 15-3b, 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 or had the propensity to engage in homosexual/bisexual acts.  She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and submitted 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 service uncharacterized.  On 14 February 1996, 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.  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 a change to the narrative reason for discharge.  The analyst noted that the applicant was in an entry level status (ELS) at the time the unit commander initiated separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission, with an uncharactertized separation of service.  The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized.  A Soldier is in entry-level status 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 her separation is initiated while the Soldier is in entry level status.   Furthermore, the analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph 15, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Homosexual Admission" and the separation code is "JRB."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Further, regarding the applicant's issue stating that she is not a lesbian;   the evidence of record shows that the applicant admitted to her company commander in a sworn statement that she engaged in homosexual/bisexual acts in the past, and will continue to live her life as a lesbian and continue to have female sexual partners in the future.  Also, the analyst found no evidence of arbitrary or capricious actions by the command.  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.  Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, at  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.  In view of the foregoing, the analyst determined that the narrative reason for discharge, the separation (SPD) code to include the reentry eligibility (RE) code 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: 22 December 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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090004934
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