Applicant Name:  ?????

Application Receipt Date: 2011/03/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that: "I would like my reenlistment code changed from a 4 to  1 or 2 as well as the reason for seperation. At the time of my departure from the military there were many contributing factors pressing on my decisions. During my time in the Army I was raped by a fello soldier and charges were initiated on my behalf. During the Court Martial hearing I was brought in as a witness, my personal life was exploited and I felt like I was the one being put on trial. To make a long story short, due to issues with the investigation and things being handled improperly by CID, the soldier was found not guilty. The situation brought a lot of emotions and at the time, I was in EOD training and in the process of getting my top secret clearance.

I was advised numerous times that counseling could hinder and prolong the background investigation. In the mean time I changed my MOS to avoid being at the same training location as the other soldier and was put in training at Ft. Sam Houston. Unfortunately, a soldier who dated the accused soldier and also testified against me in the case was transferred there also. I was told by those in my chain of command that if I wanted seperated from the military this was the easiest and quickest way to do it. The emotions and mental anguish I was experiencing led me to make unwise and rash decisions. It has been my life's biggest regret thus far. 

Since my seperation my employment has been centered around public service and military related. I would like to enter the Armed Forces again and go back to being the great soldier I know I can be. I never felt more accomplished and proud as I did while I was serving. Regardless of past events I would like the opportunity to provide service to my country by being a member of the forces that protect it. I believe that, if given the chance again, I would be an asset to any branch of the military. I am driven and motivated and will continue to be so. I know where my dreams and goals are, and they are in the military."

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: 080415
Discharge Received: 			   Date: 080418   Chapter: 15-3b       AR: 635-200
Reason: Homosexual Conduct (Admission)	   RE:     SPD: JRB   Unit/Location: Company F, 232nd Medical Battalion, 32nd Medical Brigade, Fort Sam Houston, TX 

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:  24
Current ENL Date: 070419    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 0 Mos, 0 Days ?????
Total Service:  		1 Yrs, 0 Mos, 0 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 89D10 Explosive Ordnance Disposal Spec    GT: 124   EDU: BS Degree   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 15 April 2008, 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 applicant through her defense counsel admitted to her company commander in a sworn statement that she was homosexual and had engaged or had the propensity to engage in homosexual/bisexual acts.  She was advised of her rights.  
       
       On 15 April 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than an honorable discharge and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commander reviewed the proposed action and recommended approval of the separation with an honorable discharge.  
       
       On 16 April 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service.  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 15 of that regulation stated that active homosexuality was incompatible with military service and provided, in pertinent part, for the separation of members who actively engaged in homosexual conduct or who, by their statements, demonstrated a tendency to engage in homosexual conduct.  The Army regulation stated that when the sole basis for separation was homosexuality, a discharge under other than honorable conditions may be issued only if such characterization was warranted in accordance with Chapter 3, Section III, and if there was 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 where no aggravating factors are present, the type of discharge would 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 with the application, the analyst determined that the narrative reason for the applicant’s separation is now inequitable based on the current standard.
       
       The evidence of record shows that the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, in effect at the time, by reason of homosexual admission.  The analyst further noted that the applicant had completed 1 year of active military service, attained the grade of E-4, and had no derogatory information in her service record.  
       
       Current law and regulations now allows Soldiers who are homosexual to serve openly.  Former Soldiers that were discharged under the old policy may request a change to the reason for their separation invoking the current standard.  The Board will consider any aggravating factors and in their absence, will change the narrative reason for the discharge to Secretarial Authority.  The applicant’s record does not indicate the presence of any aggravating factors.  
       
       In view of the foregoing, the analyst recommends to the board that the narrative reason of the applicant’s discharge be changed to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.”

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 25 December 2010.

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 narrative reason for the applicant’s discharge is now inequitable based on the current standard.   The evidence of record shows that the applicant was discharged for admitting to being homosexual with an honorable characterization of service.  The Board determined there were no aggravating factors as defined in AR 635-200 related to the applicant’s discharge.  Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s discharge to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.”
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change NA    No change NA
Reason -     Change 5    No change 0
(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: “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF,” and a reentry code (RE) of “1.”
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change






Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110006006
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