IN THE CASE OF: Mr. BOARD DATE: 9 January 2015 CASE NUMBER: AR20140002732 ___________________________________________________________________________ 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 characterization of the applicant's service is improper and the reason for the separation 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 determined there were 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 an upgrade of his general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he would like an upgrade of his discharge based on the “Don’t Ask, Don’t Tell” Repeal Act of 2010. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 6 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 21 December 2007 d. Reason/Authority/SPD/RE Code: Homosexual Conduct (Admission) AR 635-200, Chapter 15-3b, JRB, RE-4 e. Unit of assignment: Headquarters and Headquarters Detachment, 11th Armored Cavalry Regiment, Fort Irwin, CA f. Current Enlistment Date/Term: 28 February 2007/3 years, 19 weeks g. Current Enlistment Service: 9 months, 24 days h. Total Service: 9 months, 24 days i. Time Lost: None j. Previous Discharges: DEP, 070212-070227, N/A k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 85 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, ASR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 28 February 2007 for a period of 3 years and 19 weeks. He was 18 years old at the time of entry and a high school graduate. He completed 9 months and 24 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Irwin, California. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record indicates that on 7 December 2007, the unit commander notified the applicant of initiation of discharge proceedings under the provisions of AR 635-200, Chapter 15-3b, by reason of homosexual admission. The applicant admitted to his company commander in a sworn statement that he was homosexual and had engaged or 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 his rights. 3. On 11 December 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested personal appearance before an administrative separation board, and elected not to submit a statement on his 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 17 December 2007, the separation authority directed the applicant’s discharge with a general, under honorable conditions characterization of service. 5. The applicant was separated with a general, under honorable conditions discharge on 21 December 2007, under Army Regulation 635-200, Chapter 15-3b 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: DD Form 214 reflects the applicant was discharged under the provisions of AR 635-200, paragraph 15-3b, for homosexual conduct (admission), with a characterization of service of general, under honorable conditions, SPD code of JRB, and a RE code of 4. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 3 February 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None was provided 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 an upgrade of the characterization for the discharge was carefully considered. 2. After a careful review of all the applicant’s military records, the issue submitted with the application, the characterization of service and reason for the discharge were found to be inequitable. 3. The record confirms the applicant was discharged under the provisions of AR 635-200, Chapter 15-3b, in effect at the time, 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. 4. The service record indicates the applicant had completed 9 months and 24 days of active military service and had no other derogatory information in the service record. 5. 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. 6. The records show the proper discharge and separation procedures were followed in this case. 7. Therefore the characterization and reason for discharge being inequitable, recommend the Board grant full relief by upgrading the characterization to honorable and the narrative reason for discharge to Secretarial Authority, under the provisions of AR 635-200, Chapter 5-3, 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: 9 January 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 4 No Change: 1 Reason Change: 4 No Change: 1 (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 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) AR20140002732 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1