ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 July 2021 DOCKET NUMBER: AR20210010132 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a different narrative reason for separation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . DD Form 214 . Letter from the U.S. Army Reserve Personnel Center, Army Board for Correction of Military Records (ABCMR) Section, St. Louis, MO, dated 9 December 1991 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she would like her DD Form 214 amended because the current entry in block 28 (Narrative Reason for Separation) is shameful. 3. The applicant's DD Form 214 shows she entered active duty in the Regular Army on 10 January 1984. The DD Form 214 also shows she was discharged on 27 June 1988 under the authority of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 15, by reason of "admission of homosexuality/bisexuality." 4. The applicant's DD Form 214 further shows that the character of her service was upgraded to honorable on 30 October 1989 and that she was reissued her DD Form 214 to reflect an honorable discharge. The reissued DD Form 214 shows the following entries in: . block 25 (Separation Authority), paragraph 15-3b, Army Regulation 635-200 . block 26 (Separation Code), JRB . block 27 (Reentry Code), RE-4 . block 28, admission of homosexuality/bisexuality ABCMR Record of Proceedings (cont) AR20210010132 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the current narrative reason, the change in DoD policy and the potential prejudice one may face from others who view the current narrative reason, the Board concluded there was sufficient evidence to warrant changing the applicant’s narrative reason for separation to Secretarial Authority. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX :XXX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing: -block 25 (Separation Authority), paragraph 5, Army Regulation 635-200 -block 26 (Separation Code), JFF -block 27 (Reentry Code), RE-1 -block 28 (Narrative Reason), Secretarial Authority X CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20210010132 REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200, chapter 15, in effect at the time, governed the separation of Soldiers for homosexual conduct. The regulation states that separation was required when, among other circumstances, the Soldier stated that he or she was homosexual or bisexual. 3. Under Secretary of Defense (Personnel and Readiness) memorandum, dated 20 September 2011, Subject: Correction of Military Records Following Repeal of Section 654 of Title 10, United States Code, provides policy guidance for Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to follow when taking action on applications from former service members discharged under Don't Ask, Don't Tell" (DADT) or prior policies. 4. The memorandum states that, effective 20 September 2011, Service DRBs should normally grant requests, in these cases, to change the: . narrative reason for discharge (the change should be to "Secretarial Authority" (Separation Program Designator (SPD) Code JFF)) . characterization of the discharge to honorable . the RE code to an immediately eligible to-reenter category (RE Code 1) 5. For the above upgrades to be warranted, the memorandum states both of the following conditions must have been met: . the original discharge was based solely on DADT or a similar policy in place prior to enactment of DADT . there were no aggravating factors in the record, such as misconduct 6. The memorandum also recognized that although BCM/NRs have a significantly broader scope of review and are authorized to provide much more comprehensive remedies than are available from the DRBs, it is Department of Defense (DoD) policy that broad, retroactive corrections of records from applicants discharged under DADT [or prior policies] are not warranted. Although DADT is repealed effective 20 September 2011, it was the law and reflected the view of Congress during the period it was the law. Similarly, DoD regulations implementing various aspects of DADT [or prior policies] were valid regulations during that same or prior periods. Thus, the issuance of a ABCMR Record of Proceedings (cont) AR20210010132 discharge under DADT [or prior policies] should not by itself be considered to constitute an error or injustice that would invalidate an otherwise properly-taken discharge action. //NOTHING FOLLOWS//