IN THE CASE OF: Ms. BOARD DATE: 7 January 2015 CASE NUMBER: AR20140000984 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service and considering the Discussion and Recommendation which follows, the Board determined the narrative reason for the applicant’s discharge is now inequitable based on the current standard. The record indicates the applicant was discharged for homosexual admission, with an honorable characterization of service and without any aggravating factors, as defined in AR 635-200. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason for separation 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 a change to the narrative reason for her discharge and the reentry code. 2. The applicant states, in effect, that her request is based on the repeal of the Don’t Ask Don’t Tell policy that was in effect at the time of her discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 7 January 2014 b. Discharge received: Honorable c. Date of Discharge: 17 December 2009 d. Reason/Authority/SPD/RE: Homosexual Admission, AR 635-200, Chapter 15-3b, JRB, RE-4 e. Unit of assignment: Co C, 305th MI Bn, Fort Huachuca, AZ f. Current Enlistment Date/Term: 26 September 2007, 4 years g. Current Enlistment Service: 2 years, 2 months, 22 days h. Total Service: 5 years, 6 months, 28 days i. Time lost: None j. Previous Discharges: RA (040520-070925), HD k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 35T30, Military Intelligence System Maintainer/Integrator m. GT Score: 123 n. Education: College Degree o. Overseas Service: Korea (050804-080715) p. Combat Service: None q. Decorations/Awards: ARCOM, AAM, AGCM, NDSM, KDSM, GWTSM, NPDR, ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army on 20 May 2004 for a period of 5 years. She was 29 years old and a high school graduate. On 26 September 2007, the applicant reenlisted on active duty for 5 years. She earned an ARCOM and an AAM; and, completed 5 years, 6 months, and 28 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES 1. The applicant’s service record indicates on an undated memorandum, the unit commander notified the applicant of initiation of discharge proceedings under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, by reason of homosexual admission. The applicant admitted to her company commander in a sworn statement dated 23 October 2009, that she was homosexual all her life, but felt it was her duty to serve her country. She no longer wants to hide her identity or look over her shoulder when she is in public. 2. The unit commander recommended a characterization of service of honorable and advised the applicant of her rights. 3. On 3 December 2009, the applicant consulted 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 an honorable discharge. 4. On 4 December 2009, the separation authority directed the applicant’s discharge with an honorable characterization of service. 5. The applicant was separated with an HD on 17 December 2009, under Army Regulation 635-200, Chapter 15, paragraph 3b for homosexual admission, with an SPD Code of JRB and an RE code of 4. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: There is no derogatory information in the applicant’s record. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, DD Form 214, and a copy of the Repeal of “Don’t Ask, Don’t Tell” memorandum. POST-SERVICE ACTIVITY: The applicant did not provide any with the application. 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 a change to the narrative reason for her discharge and the reentry code was carefully considered. 2. After examining the applicant’s record of service, the documents and the issues submitted with the application, there are sufficient mitigating factors to warrant a change to the narrative reason for discharge and the reentry code based on the current standard. 3 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 available record does not indicate the presence of any aggravating factors. 4. In view of the foregoing, the narrative reason of the applicant’s discharge and the reentry code being both inequitable, recommend the Board grant full relief by changing the reason 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.” SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 7 January 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA 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: NA 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 to JFF 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) AR20140000984 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1