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 ______________________________________________________________________________ Page 1 of 3 pages