Applicant Name: ????? Application Receipt Date: 2012/05/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that her DD Form 214 is incorrect because the reason for her discharge and the type of discharge she received doesn’t match. She wants to rejoin the Service. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: None See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 090917 Discharge Received: Date: 091002 Chapter: 15 AR: 635-200 Reason: Homosexual Conduct (Admission) RE: SPD: JRB Unit/Location: HHT, Fires Squadron, 2d Cavalry Regiment, Vilseck, Germany 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: 18 Current ENL Date: 081118 Current ENL Term: 6 Years ????? Current ENL Service: 00 Yrs, 10 Mos, 15 Days ????? Total Service: 00 Yrs, 10 Mos, 15 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 15P10/Aviation Ops Spc GT: 105 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 17 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual conduct for having created a rebuttable presumption that indicated she had the propensity to engage in homosexual or bisexual acts, with an honorable discharge. The applicant admitted to her company commander in a sworn statement that she was homosexual and had engaged in homosexual acts. She was advised of her rights. On 17 September 2009, the applicant declined to consult with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board, and did not submit a statement on her behalf. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions characterization of service. On an undated memorandum, the separation authority directed the applicant’s discharge with a general, under honorable conditions 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 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 were 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 the applicant’s military records during the period of enlistment under review and the issue submitted with the application, the analyst determined that the characterization of service and the reason for the discharge are now inequitable. The evidence of record shows that the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission. AR 635-200, in effect at the time, stipulated that an honorable discharge is a separation with honor and the honorable characterization is appropriate when the quality of the Soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. The analyst noted that the applicant had completed over 10 months of active military service, attained the grade of E-3, and had no derogatory information in the service record. Further, current law and regulations 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 considers any aggravating factors, and in their absence, will change the narrative reason for the discharge to Secretarial Authority. The applicant’s record does not indicate the presence of any aggravating factors. In view of the foregoing, the analyst recommends that the applicant's characterization of service be upgraded to honorable, and the narrative reason for discharge 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: 19 October 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: None VIII. 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 characterization and reason for the separation are now inequitable based on the current standard. The evidence of record shows the applicant was discharged for admitting to being homosexual with a general, under honorable conditions characterization of service. The Board found no aggravating factors as defined in AR 635-200 related to the applicant’s discharge. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason of the applicant’s discharge 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. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority with a corresponding SPD Code of JFF. Other: Change the authority for separation to Chapter 5, AR 635-200, RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III 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 AR20120009479 ______________________________________________________________________________ Page 1 of 3 pages