IN THE CASE OF: Ms. BOARD DATE: 19 November 2014 CASE NUMBER: AR20140000320 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge is now inequitable based on the current standard. The service 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 to honorable and a change to the narrative reason of the applicant’s discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to upgrade the characterization of her service from general, under honorable conditions to fully honorable, and to change the narrative reason for her discharge. 2. The applicant states, in pertinent part and in effect, her request is based on reversal of the DADT policy. She asserts she admitted under duress to being actively involved in a homosexual relationship, which caused her to be subjected to multiple instances of harassment and public humiliation. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 26 December 2013 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 8 August 2006 d. Reason/Authority/SPD/RE Code: Homosexual (Admission), AR 635-200, Paragraph 15-3b, JRB, RE-4 e. Unit of assignment: HQs, 12th Aviation Bn, Fort Belvoir, VA f. Current Enlistment Date/Term: 29 June 2004, 4 years g. Current Enlistment Service: 2 years, 1 month, 10 days h. Total Service: 2 years, 1 month, 10 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 15P10, Aviation Operation Specialist m. GT Score: 122 n. Education: GED o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM; GWOTSM; ASR r. Administrative Separation Board: No, waived s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 1 May 2002 for a period of 3 years. She was 28 years old at the time of entry and had a high school equivalency (GED). She was trained in and awarded military occupational specialty (MOS) 15P10, Aviation Operation Specialist. Her record documents no acts of valor or significant achievement. She completed 2 years, 1 month, and 10 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record indicates that on 6 July 2006, the unit commander notified the applicant of initiation of discharge proceedings under the provisions of Chapter 15, paragraph 15-2, AR 635-200, by reason of homosexual conduct. The applicant admitted to her company commander that she was homosexual and had the propensity to engage in homosexual or bisexual acts. 2. The unit commander recommended a characterization of service of general, under honorable conditions, and advised the applicant of her rights. 3. On 7 July 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board contingent upon receiving no less than a general, under honorable conditions discharge, 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 discharge. 4. On 24 July 2006, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated with a general, under honorable conditions characterization of service on 8 August 2006, under Army Regulation 635-200, Chapter 15, paragraph 15-3b, for homosexual admission, with an SPD Code of JRB, and an RE code of 4. 6. The applicant’s record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. However, she was separated as a PV2/E-2 and the action that caused her reduction is not contained in the service record. The unit commander’s forwarding memorandum indicates she was reduced on 21 June 2006, with no further information. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Applicant’s self-authored statement, dated 19 April 2006, that consisted of her requesting to be discharged, admitting to being a lesbian, and no longer willing to be secretive, and acknowledging that she is being recommended for an Article 15 punishment for missing formations. 2. Two negative counseling statements, dated 19 and 26 April 2006, for being flagged and barred to reenlistment for pending UCMJ actions for excessive lateness; admitting to her chain of command of her homosexuality; and submitting a statement of homosexuality. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. 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. 2. The 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. 3. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her service and a change to the narrative reason for the discharge was carefully considered. However, after examining the applicant’s record of service, her military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record shows the applicant was separated under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission, with a general under honorable conditions discharge. 3. Army Regulation 635-200, in effect at the time, stipulated that an honorable discharge was a separation with honor and was appropriate when the quality of the Soldier’s service generally met the standards of acceptable conduct and performance of duty or was otherwise so meritorious that any other characterization would be clearly inappropriate. In cases where no aggravating factors were present, the characterization of the discharge would reflect the character of the Soldier’s overall record of service. 4. The record of service shows that on 26 June 2006, the applicant received an Article 15, although the documented action is not available, evidence shows she was reduced in rank, and had negative counseling statements, which would have given the commander the basis to recommend a general, under honorable conditions discharge. By the misconduct, the applicant diminished the quality of her service below that meriting an honorable discharge. 5. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 6. However, 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 considers any aggravating factors and in their absence, will change the narrative reason for the discharge to Secretarial Authority. The applicant’s record does indicate the presence of aggravating factors as defined in AR 635-200. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. Therefore, the characterization of service being both proper and equitable, recommend the Board deny relief. However, in view of the current standard, it is recommended that the applicant's narrative reason for 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. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 19 November 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None Board Vote: Character Change: 5 No Change: 0 Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Secretarial Authority Change Authority for Separation: AR 635-200, Chapter 5-3 Change RE Code to: 1 Grade Restoration to: NA Other: Separation Program Designator (SPD) code toJFF Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140000320 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1