Applicant Name:  ?????

Application Receipt Date: 2011/10/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety.  She indicated on her application that she would like the narrative reason for separation on her discharge changed.

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: 081218
Discharge Received: 			   Date: 081223   Chapter: 15-3a      AR: 635-200
Reason: Homosexual (Acts)	   RE:     SPD: JRA   Unit/Location: F Company, 309th Military Intelligence Battalion, Fort Huachuca, Arizona 

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:  17
Current ENL Date: 080619    Current ENL Term: 4 Years  34 Weeks
Current ENL Service: 	0  Yrs, 6  Mos, 5  Days ?????
Total Service:  		0  Yrs, 6  Mos, 5  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 88   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, paragraph 15-3a, AR 635-200, by reason of homosexual acts with a general, under honorable conditions discharge.  The applicant 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 caught on numerous occasions sleeping in the same bunk as PVT AM, groping and fondling her breasts and butt, and kissing PVT AM. Additionally, she failed to obey lawful written orders and threatened another Soldier’s well being.  She was advised of her rights.  
       
       The applicant waived her right to consult with legal counsel and indicated that she understood her right to an administrative separation board.   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 19 December 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 issues and documents 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 15-3a, AR 635-200, in effect at the time, by reason of homosexual acts with an honorable characterization of service.
       
       Current law and regulations now allow 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 contains a memorandum of intent to separate from her unit commander that shows the applicant had been caught sleeping in the same bunk with another Soldier, groping and fondling her breasts and butt and failed to obey lawful written orders and threatened another Soldier's well being. 
       
       The unit commander recommended a general, under honorable conditions dfischarge; however, the intermediate senior commander recommended an honorable discharge and the separation authority approved an honorable characterization of her service; thus, the analyst concluded that the honorable characterization being granted reflected the applicant's service.
       
       In view of the foregoing, the analyst recommends 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: 30 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and a DD Form 214.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  The Board did not concur with the analyst's recommendation due to the multiple acts of documented misconduct contained in the record.
        
IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to:  No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder












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 AR20110020289
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