IN THE CASE OF: Ms. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140005385 ___________________________________________________________________________ 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 narrative reason for the applicant’s discharge is now inequitable based on the current standard. The evidence of record shows the applicant was discharged for admitting to being homosexual with an honorable characterization of service. Further, 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 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 a change to her narrative reason for discharge. She also requested that blocks 11 (Primary Specialty) and 14 (Military Education) on her DD Form 14 be corrected to show the training she received while on Active Duty. This issue will be addressed by the Army Board for Correction of Military Records (ABCMR). 2. The applicant states, in effect, that her request is based on the repeal of the Don’t Ask Don’t Tell (DADT) policy. She also contends she completed the Administrative Specialist Course 18 August 2000, was reclassified to Military Police 22 April 2005, and completed the military police basic noncommissioned course 7 September 2007. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge received: Honorable c. Date of Discharge: 7 March 2008 d. Reason/Authority/SPD/RE: Homosexual Admission , AR 635-200, Chapter 15-3b JRB, RE-4 e. Unit of assignment: 1LT J. Robert Kalsu Replacement Company, Fort Campbell, KY f. Current Enlistment Date/Term: 18 August 2006, 5 years g. Current Enlistment Service: 1 year, 06 months, 15 days h. Total Service: 8 years, 2 months, 5 days i. Time lost: None j. Previous Discharges: RA-000103-020512/HD RA-020513-040512/HD RA-040513-060817/HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 31B20, Military Police m. GT Score: 110 n. Education: HS Graduate o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: ARCOM, JSAM, AAM, JMUA, AGCM-2, GWOTSM, NDSM, KDSM, 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 Regular Army on 3 January 2000, for a period of 3 years. She reenlisted for 3 years on 13 May 2002, 4 years on 13 May 2004, and 5 years on 18 August 2006. She was 25 years old at reenlistment and a high school graduate. Her record indicates she served in Korea; earned several awards to include the ARCOM, JSAM, AAM, and the AGCM. She was serving at Fort Campbell, KY when her separation action was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record indicates on 27 February 2008, 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 created a rebuttable presumption that indicates she engaged in, attempted to engage in, or had a propensity to engage in, or intended to engage in homosexual or bisexual acts. 2. The unit commander recommended a characterization of service of Honorable and advised the applicant of her rights. 3. On 28 February 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board, and indicated her intentions to submit a statement on her behalf which was not found in the record. The unit commander subsequently recommended separation from the Army. 4. The separation authority directed the applicant’s discharge with an honorable characterization of service. 5. The applicant was separated with an honorable characterization of service on 7 March 2008, 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 service record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Unit Commander's statement, dated 7 February 2008, which indicates the applicant’s homosexual admission. 2. The applicant's record contains no counseling statements or actions under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 18 March 2014, a copy of her certificates for completion of the Military Police Course, Military Police Basic Noncommissioned Officer Course, Administrative Specialist Course, MOS action orders, and a copy of her DD Form 214 for 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. 4. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’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. Whenever there is doubt, it is to be resolved in favor of the individual. 5. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for the discharge was carefully considered. 2. After examining the applicant’s service record, the documents and the issues submitted with the application, there are sufficient mitigating factors to merit a change to the applicant’s narrative reason for his discharge based on the current standard. 3. The record confirms the applicant was discharged under the provisions of Chapter 15, paragraph 15-3b, AR 635-200, in effect at the time, by reason of homosexual admission. The record also indicates the applicant had completed over eight years of active military service, attained the grade of E-5, and had no derogatory information in her service record. 4. 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 not indicate the presence of any aggravating factors. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. In view of the foregoing, the narrative reason of the applicant’s discharge and the reentry code being now inequitable, recommend the Board grant full relief by changing the narrative 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.” 7. The applicant's issue in reference to changing blocks 11 and 14 on her DD Form 214, do not fall within the purview of this Board. Therefore, this issue will be address by the ABCMR during a separate review. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 17 April 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) AR20140005385 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1