Applicant Name: ?????
Application Receipt Date: 2009/05/20 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: NIF
Discharge Received: Date: 020523 Chapter: 15-3b AR: 635-200
Reason: Homosexual Admission RE: SPD: JRB Unit/Location: 175th Engineer Co, Ft Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 000721 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 10Mos, 03Days ?????
Total Service: 1 Yrs, 10Mos, 03Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 81L10 Lithographer GT: 82 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Carnegie, PA
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 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 honorable discharge.
The company commander notified the applicant that evidence had been given to him which can prove that she had engaged in, attempted to engage in, or solicited another person to engage in a homosexual act or acts. The documents concerning the applicant's rights are not part of the available record and the analyst presumed government regularity.
On 28 April 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable 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 Soldiers overall record of service.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants 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 1 year of active military service, attained the grade of E-2, and had no other derogatory information in the available 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 narrative reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 12 March 2010 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the applicant was not properly notified as to the reasons why she would not get an honorable discharge as specified in paragraph 15-4, AR 635-200.
In view of the foregoing, the Board determined that the characterization of service is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to 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 AR20090009893
______________________________________________________________________________
Page 2 of 3 pages
ARMY | DRB | CY2007 | AR20070017617
Facts and Circumstances: The evidence of record shows that on 8 December 2003, 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 an honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation for Homosexual Admission, and the separation code is "JRB." Certification Signature Board Vote: Approval...
ARMY | DRB | CY2009 | AR20090009617
Facts and Circumstances: The evidence of record shows that on 29 May 2007, 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 making a statement on 070409 that he had engaged in homosexual acts with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation for Homosexual Admission and the separation code is "JRB." ...
ARMY | DRB | CY2010 | AR20100015820
Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant, states in effect, that he was discharged for homosexual admission but received a general, under honorable conditions characterization of service. On 20 April 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less...
ARMY | DRB | CY2008 | AR20080012280
Applicant Name: ????? The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation for Homosexual Admission and the separation code is "JRB." Board Discussion, Determination, and Recommendation After carefully examining the Applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
ARMY | DRB | CY2008 | AR20080011230
Facts and Circumstances: The evidence of record shows that on 26 September 2007, 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 honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Homosexual Conduct (Admission) and the separation code is "JRB." Board Action Directed President, Army Discharge...
ARMY | DRB | CY2008 | AR20080008846
Applicant Name: ????? The narrative reason specified by Army Regulations for a discharge under this paragraph is "Homosexual Conduct (Admission) and the separation code is "JRB." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090013458
Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. However, the applicant signed a Sworn Statement, dated 18 March 2008, that he had engaged in homosexual/bisexual acts and was subsequently administratively discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission. Board Action Directed...
ARMY | DRB | CY2008 | AR20080015733
Applicant Name: ????? Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the applicant was not properly notified as to the reasons why she would not receive an honorable discharge as specified in paragraph 5-1b, AR 635-200. Board Action Directed President, Army Discharge Review Board Issue a new DD...
ARMY | DRB | CY2009 | AR20090002391
Applicant Name: ????? The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation for Homosexual Admission and the separation code is "JRB." 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...
ARMY | DRB | CY2008 | AR20080010911
Applicant Name: ????? Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...