Application Receipt Date: 061122 Prior Review Prior Review Date: None I. Applicant Request 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? Yes No Tender Offer: See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 040505 Discharge Received: Date: 040521 Chapter: 15 AR: 635-200 Reason: Homosexual Admission RE: SPD: JRB Unit/Location: 27th CS BN, Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 820325 Current ENL Date: 001018 Current ENL Term: 04 Years Current ENL Service: 03 Yrs, 07Mos, 04Days Total Service: 03 Yrs, 07Mos, 04Days Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92A10/Automated Logistical Specialist GT: 89 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: GWOTSM, NDSM, KDSM, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 15 April 2004, the applicant admitted in a sworn statement that she was a practicing homosexual, that she had been homosexual before joining the military, that this had been ongoing since 1997 when she was a freshmen in high school, and that she was requesting separation from the military. On 5 May 2004, 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 (she had created a rebuttable presumption that indicates she engaged in, attempted to engage in, or had a propensity to engage in or intend to engage in homosexual or bisexual acts), with an honorable discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administartive separation board and did not submit a statement in her own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On 14 May 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable. 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. 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 during the period of enlistment under review and the issue she submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214. The analyst noted that the applicant admitted to her unit commander in a sworn statement that she was a practicing homosexual, that she had been homosexual before joining the military, and that this had been ongoing since 1997 when she was a freshmen in high school. Subsequent to the applicant's admission, the unit commander properly initiated discharge proceedings under the provisions of Chapter 15, AR 635-200, by reason of homosexual admission, with an honorable characterization of service. The analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of paragraph 15-3b, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Homosexual Admission", and the separation code is "JRB." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and it is recommended that the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 4 January 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change - Character Change No change - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 10 January 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060016225 Applicant Name: Ms. ______________________________________________________________________ Page 1 of 5 pages