Application Receipt Date: 060118 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached supporting documents. 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: 040310 Discharge Received: Date: 040325 Chapter: 15 AR: 635-200 Reason: Homosexual Admission RE: SPD: JRB Unit/Location: 43rd AG Bn Fort Leonard Wood, MO 65473 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: 760310 Current ENL Date: 040205 Current ENL Term: 5 Years ????? Current ENL Service: 00 Yrs, 01 Mos, 25 Days ????? Total Service: 01 Yrs, 02Mos, 15 Days ????? Previous Discharges: USCGR-020921-021031/NA AD-021101-040203/NA (the applicant states that he petitioned for a conditional release from the U.S. Coast Guard contingent upon him enlisting in the U.S. Army.) Highest Grade: E4 Performance Ratings Available: Yes No MOS: None GT: 120 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None 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 10 March 2000, 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 (your statement that you have engaged in homosexual conduct demonstrates a propensity or intent to continue to engage in homosexual acts), with an uncharacterized discharge. The applicant admitted to his company commander in a sworn statement that he was a homosexual and had engaged in homosexual/bisexual acts. He was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, the applicant's election of rights were not properly signed by legal counsel and there is no indication that the applicant waived his right to have his case heard by an administrative separation board, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. On 12 March 2004, the separation authority directed that the applicant be discharged with a characterization of service of uncharacterized. 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, the issues and documents he submitted, the narrative reason for discharge is inequitable. The analyst noted that the applicant was in an entry level status at the time the unit commander initiated separation action under the provisions of Chapter 15, AR 635-200 by reason of homosexual admission with an uncharactertized separation of service. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status. Furthermore, for Soldiers in entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. Additionally, the applicant's election of rights were not properly signed by legal counsel and there is no indication that the applicant waived his right to have his case heard by an administrative separation board, also, the analyst noted that someone other than the Special Court-Martial Convening Authority approved the applicant’s discharge. In view of the foregoing, the narrative reason for discharge was and is inequitable. Accordingly, relief in the form of a change to the narrative reason for separation to Secretarial Authority is recommended to the Board. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 061122 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 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 not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061127 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000772 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 6 pages