IN THE CASE OF: BOARD DATE: 20 May 2015 CASE NUMBER: AR20140009035 ___________________________________________________________________________ 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 the narrative reason for discharge and the reentry (RE) code. 2. The applicant states, in effect, his record is in error because of the repeal of Don’t Ask Don’t Tell policy. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 19 May 2014 b. Discharge Received: Honorable c. Date of Discharge: 10 October 2002 d. Reason/Authority/SPD/RE Code: Homosexual Admission, AR 635-200, Chapter 15, JRB, RE-4 e. Unit of assignment: Charlie Company, 3-7th Infantry, Fort Stewart, GA f. Current Enlistment Date/Term: 19 March 2002/3 years g. Current Enlistment Service: 6 months, 22 days h. Total Service: 6 months, 22 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: 11X10, Infantry Recruit m. GT Score: 105 n. Education: GED o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 19 March 2002, for a period of 3 years. He was 19 years old at the time of entry and had a General Equivalency Diploma (GED). His record is void of any significant awards of valor and achievement. He completed 6 months and 22 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Stewart, GA. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 25 September 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 15, paragraph 15-2, for homosexual conduct. Specifically for creating a rebuttable presumption that indicates he engaged in, attempted to engage in, or had a propensity to engage in, or intended to engage in homosexual or bisexual acts. 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 honorable and advised the applicant of his rights. 3. On 25 September 2002, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 4. On 30 September 2002, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of honorable. 5. The applicant was separated on 10 October 2002, under the provisions of Army Regulation 635-200, Chapter 15, paragraph 15-3b, with an honorable discharge, an SPD code of JRB, and an RE code of 4. 6. The applicant’s record contains no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 3822 (Report of Mental Status Evaluation), dated 6 September 2002, reflects the applicant had a clear and normal thought process and content and was mentally responsible. 2. A memorandum, dated 6 September 2002, indicates the applicant admitted to homosexual tendencies. 3. One counseling statement, dated 4 September 2002, for initiation of Chapter 15 separation proceedings. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 16 May 2014 and a DD Form 214 dated 10 October 2002, for the period of service under review. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his 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 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identified the SPD code of "JRB" as the appropriate code to assign enlisted Soldiers who was discharged under the provisions of Army Regulation 635-200, Chapter 15, for homosexual admission. 5. The SPD Code/RE Code Cross Reference Table showed that a Soldier assigned an SPD Code of "JRB" would be assigned an RE Code of 4. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for the discharge and to the RE code was carefully considered. 2. After examining the applicant’s service record, there are sufficient mitigating factors to merit a change to the applicant’s reason for his discharge and RE code 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 6 months and 22 days of active military service and had no derogatory information in his 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 RE code being now inequitable, recommend the Board grant 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: 20 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 0 No Change: 5 (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) 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) AR20140009035 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1