Applicant Name:  ?????

Application Receipt Date: 2012/02/24	Prior Review:     Prior Review Date: ADRB, 061004, denied.   

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she is asking to have her discharged upgraded to honorable because she received a homosexual discharge which caused her resignation from the military. She was not judged by her contributions but was released due to her choice of sexual behavior which was not affecting her service as a Soldier.   Since leaving the Army she has been diagnosed with PTSD and is no longer able to return to the military. She served her country honorably and would have done so until the end of her enlistment if given the opportunity. This has greatly affected her life and would like to be eligible to use her GI Bill to improve her life and take care of her family.  Her indiscretions were some of a young confused girl and she is sorry for that.

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: 040826   Chapter: 15-3a    AR: 635-200
Reason: Homosexual Act	   RE:     SPD: JRA   Unit/Location: 401st MP Co, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040122, in that while at FOB Ironhorse, Iraq, between 1 August 2003 and 30 August 2003, violated a lawful general order, to wit: General Order Number 1A, United States Central Command, dated 19 December 2002, by wrongfully consuming alcohol. This is in violation of Article 92, UCMJ.  In that while at FOB Ironhorse, Iraq, between 1 August 2003 and 30 August 2003, wrongfully committed an indecent act with a SSG, by having impure sexual relations with more than one partner simultaneously.  This is in violation of Article 134, UCMJ.
In that while at FOB Ironhorse, Iraq, between 1 August 2003 and 30 August 2003, wrongfully committed an indecent act with a PFC, by engaging in homosexual acts. This is in violation of Article 134, UCMJ. Reduction to E-1, forfeiture of $575 (suspended), and 30 days of extra duty (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020606    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 02 Mos, 21 Days ?????
Total Service:  		02 Yrs, 02 Mos, 21 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Svc Spc   GT: 97   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030323-040316)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed with the application 


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, AR 635-200, by reason of homosexual conduct, for engaging in homosexual acts with another Soldier, openly in public view in a location subject to military control under aggravating conditions that had an adverse impact on discipline, good order and and morale.  The unit commander recommended a general, under honorable conditions characterization of service and advised the applicant of her rights.
       
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board and did not submit a statement on her behalf.  The unit commander subsequently recommended separation from the Army.  The intermediate commanders reviewed the proposed action and recommended approval with a general, under honorable conditions characterization of service.  
       
       The separation authority reviewed the proposed action and directed the applicant’s discharge with a general, under honorable conditions characterization of service. 
       
       The record also indicates that on 4 October 2006, the Army Discharge Review Board denied the applicant's request for a change in her characterization of service.
       
       The record also contains a Commander's Inquiry Report dated 3 January 2004.

       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 were 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 found no mitigating factors that would merit an upgrade of the applicant's characterization of service.     
       
       The analyst determined that the applicant’s characterization of her discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct by military personnel.  The applicant’s homosexual acts as documented in her record had an adverse impact on the discipline, good order, and morale of her unit and diminished the quality of her service below that meriting a fully honorable discharge.  The record contains a field grade Article 15 for multiple violations of the Uniform Code of Military Justice that occurred while in a combat zone, which included offenses of having sex with an NCO in a multiple partner situation and illegally consuming alcoholic beverages in a combat zone.  
       
       Additionally, the record shows the applicant engaged in homosexual acts with another Soldier, openly in public view in a location subject to military control.  This constitutes one or more aggravating factor as defined in AR 635-200, in effect at the time.  
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct.  
       The applicant contends that since leaving the Army, she has been diagnosed with post-traumatic stress disorder (PTSD); however, the record does not support the issue that she suffers from PTSD and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  The record shows that on 10 August 2004, the applicant underwent a mental evaluation which indicates that she was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  
       
       Further, the applicant would like to have the benefits of the GI Bill; however, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Therefore, the analyst determined the reason for discharge and the characterization of service 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: 15 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

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						
Board Vote:
Character - Change 0    No change 5
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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120003957
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