Application Receipt Date: 2006/10/03 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: I just would like to join the National Guard. The Army full time was not the right step for me but being in the military is something that I have always dreamed about and I hope that there is a chance of me being able to. Thank you. 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: 060421 Discharge Received: Date: 060515 Chapter: 15 AR: 635-200 Reason: Homosexual (Acts) RE: SPD: JRA Unit/Location: Company B, 2nd Battalion, 54th Infantry, Basic Combat Training Brigade, Fort Benning, Georgia 31905 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: 860406 Current ENL Date: 060223 Current ENL Term: 3 Years 19 weeks Current ENL Service: 00 Yrs, 05Mos, 05Days Total Service: 00 Yrs, 05Mos, 05Days Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: None GT: 90 EDU: GED Overseas: NA Combat: NA 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 21 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, AR 635-200, by reason of homosexual admission and conduct 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 his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. On 27 July 2006, 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. The 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, the analyst determined that the discharge is proper and equitable and recommends to the Board to deny relief. The applicant was discharged under the provisions of Chapter 15, AR 635-200, by reason of homosexual acts with another soldier. The analyst noted that the applicant had completed 5 months and 5 days of active military service, attained the grade of E-3, and was in Entry Level Status. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "4." An RE code of "4" can not be waived and the applicant is no longer eligible for reenlistment. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 5 December 2007 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 0 No change 5 - Character Change 0 No change 5 - 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 to deny relief. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA 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: 7 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014120 Page 1 of 5 pages