Applicant Name:  ?????

Application Receipt Date: 2009/04/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 010730
Discharge Received: 			   Date: 010926   Chapter: 15       AR: 635-200
Reason: Homosexual Admission	   RE:     SPD: JRB   Unit/Location: 44th Signal Bn, Mannheim GE  

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:  19
Current ENL Date: 990505    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 22Days ?????
Total Service:  		02 Yrs, 04Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 31F10/MSE Network Switching Sys Oper   GT: 120   EDU: GED   Overseas: EURA-Germany   Combat: None
Decorations/Awards: AAM, OSR, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 30 July 2001, 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 conduct with a general, under honorable conditions discharge.  The applicant admitted to his company commander, in writing, that he was a bisexual zoosexual zoophile and had engaged in "sexual interaction with both male and female animals."  He was advised of his rights.  On 7 August 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 30 August 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.

       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 and the issue submitted, the analyst determined that the characterization of service is improper.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission.  The analyst further noted that the applicant had completed over 2 years of active military service, attained the grade of E-3, and had no other derogatory information in his service record.  In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the narrative reason for discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 January 2010         Location: Washington, D.C.

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 characterization of service is improper.  The evidence of record shows that the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission.  The Board further noted that the applicant had completed over 2 years of active military service, attained the grade of E-3, and had no other derogatory information in the service record.  In view of the foregoing, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. 








 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20090007642
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